(a)

A swale is defined as a depression in a stretch of flat land associated with drainage and is that land dedicated or designated as part of the official right-of-way as provided in the plat for each parcel.

(b)

Public rights-of-way areas shall be permeable to ensure proper drainage. Any landscaping in the public rights-of-way area shall be in accordance with Division 30-100. Public rights-of-way areas shall be designed to retain runoff water in accordance with the Public Works Manual.

(c)

Pursuant to section 30-30.2, a condition precedent to issuance of a certificate of occupancy or certificate of use is ensuring stormwater does not cause water runoff. Stormwater contributing or causing recurrent ponding in all new construction, or remodelings, or additions to both residential and commercial developments shall be eliminated through proper filling, elevating, drainage, or grading of the site. The ground shall be graded away from the building and foundation, but not so as to cause water to drain onto adjoining property(ies) or public rights-of-way. Property owners shall be required to maintain adequate swales, French drains, or other mechanisms to ensure that stormwater does not drain onto adjoining properties or public rights-of-way. Failure to comply with this provision shall result in the denial of a certificate of occupancy or certificate of use until such time as sufficient proof is provided to the village's community development and public works department to document compliance with this condition precedent.

(d)

Maintenance of the public rights-of-way area shall be the responsibility of the adjacent property owner.

(e)

The adjacent property owner shall remain solely responsible for any nonconforming public rights-of way existing at the time of adoption of this section. No utility, service provider, or governmental agency, including the Village of Palmetto Bay, shall be responsible for restoration of any nonconforming elements or items placed within the public rights-of-way area.

(f)

No adjacent property owner shall be entitled to obtain a building permit for new construction, or an increase of more than five percent in the footprint of an existing structure or driveway improvements where the adjacent public rights-of way area is not in compliance with this Code. If the property owner can demonstrate no detrimental effect to property, adjacent properties and public rights-of-way due to the increase in footprint, then the property owner shall not be required to install any curative elements as described below in subsection (g).

(g)

Any adjacent property with a nonconforming public rights-of-way shall be responsible for curing any adverse consequences for that public rights-of-way. Curing may take the form of installation, at adjacent property owner's expense, a French drain or other curative action required to restore the ability of the adjacent property to maintain stormwater run-off within the adjacent property.

(Ord. No. 07-31, § 1, 10-1-2007; Ord. No. 07-35, § 1, 11-5-2007)

(a)

Placement within property lines. All walls, fences and hedges must be placed within the property lines. This section, however, shall not be construed to permit such walls, fences and hedges to extend beyond the official right-of-way lines or property lines.

(b)

Type, material, and exterior finish of walls and fences.

(1)

Walls may consist of wood, masonry, rock, block or brick. The finished side of a wood wall shall face outward. Each side of a concrete block and stucco wall shall be completely finished with stucco and paint. Each side of a decorative masonry wall shall be completely painted.

(2)

Fences may consist of wood, electrostatic plated aluminum, Miami-Dade County approved vinyl fencing, wrought iron, or chain link. The finished side of a wood fence shall face outward.

(3)

If a wall or fence is to be placed on the property line, consent for access must be obtained from the adjoining property owner(s) prior to finishing the opposite side of the wall or fence. If consent cannot be obtained, the property owner erecting the wall or fence must present proof that a request for access approval was mailed to every adjacent property owner, by certified mail, return receipt requested, to the mailing addresses as listed in the most current county tax roll, and the mailing was returned undeliverable or the adjacent property owner(s) failed to respond to the request within 30 days of receipt. Upon such a showing, the property owner erecting the wall or fence shall not be required to finish the opposite side.

(4)

Barbed wire. Barbed wire fencing shall not be permitted in residential and mixed-use zoning districts. Barbed wire shall be permitted only in B-1 and B-2 Commercial Districts. Barbed wire fences are not permitted at the front of the property and must be placed on an angle extension of not more than 16 inches on top of walls or fences at least six feet in height. This extension shall contain no more than three strands of barbed wire and shall not extend over official rights-of-way or over property under different ownership. Razor wire shall be prohibited in all zoning districts. Fences charged with electricity shall be permitted in AU ZONING districts. Fences charged with electricity may be permitted in B-1 and B-2 Districts as a conditional use, after public hearing.

(c)

Visibility triangle. All driveway/roadway entrances and exits shall be constructed and maintained so that vehicles can enter, exit, and travel along the roadways without posing danger to occupants, pedestrians or other vehicles. The safe sight distance triangle area shall not contain obstructions to cross-visibility at a height of two and one-half feet or more above pavement or finish elevation of property, whichever is greater.

(d)

Height at intersections. Fences, walls, hedges or other obstructions including, but not limited to, grass, ground cover, shrubs, vines, trees and/or rocks, shall not exceed two and one-half feet in height within the safe sight distance triangle. The height of fences, walls, and hedges shall not exceed two and one-half feet in height within ten feet of the edge of driveway leading to a public right-of-way.

The following table represents minimum criteria for determining the required area of cross-visibility:

Safe Sight Distance Triangle Table

* Visibility distances shall be measured from center line of a minor street, along the right-of-way line of the through street.

** Depth visibility on a minor street shall be measured from the right-of-way line of the through street, along center line of the minor street (public or private street).

Table interpretations and waivers of the above requirements shall be made in writing by the director of the public works department.

(e)

Maximum height of walls or fences.

(1)

Heights in R and E-M Districts. In R and E-M Districts, the height of any fence or wall shall not exceed six feet.

(2)

Heights in other E and AU Districts. In E Districts other than E-M, and in AU Districts, the height of any fence or wall shall not exceed six feet when located within the required front or side street setback areas. At other points in such districts, fences or walls shall not exceed eight feet in height.

(3)

Heights in B Districts. In B Districts, the height of any fence shall not exceed eight feet when located within the required front or side street setback areas; or when located between the building line and other property lines. Walls when located within the required front or side street setback areas shall not exceed four feet in height; when located between the building line and other property lines, walls and hedges shall not exceed eight feet in height.

(4)

Heights in FT&I and VMU Districts. In FT&I and VMU Districts, the height of any fence shall comply with the specific district regulations.

(f)

Measuring height of wall or fence. The height of a wall or fence shall be the vertical distance measured from the average elevation of the finished building site to the top of the wall or fence. The average elevation shall be measured along both sides of the wall or fence line. Existing grade may not be increased or decreased to affect the permitted or required height of a wall or fence, unless the entire building site is graded to even out the level of the site or to increase it to the required flood criteria elevation. Average elevation shall be determined by taking elevations along both sides of the wall or fence line at five-foot intervals, totaling the elevations, and then dividing the total by the number of stations at which the elevations were taken. The elevations shall be certified by a qualified surveyor and submitted at time of permitting.

(g)

Fences or walls abutting two distinct residential districts. Where a residential district abuts another differently zoned residential district, the height of a fence or wall that may be erected or maintained on the common property line shall be the tallest height permitted in either district.

(h)

Fences for tennis courts; fences and walls for other recreational uses. Fences for tennis courts may be erected up to 14 feet in height provided they conform to accessory use setbacks. The height of fences and walls in connection with other permitted recreational uses shall be permitted as necessary for the particular use, provided they conform to accessory use setbacks.

(i)

Height of gates and columns. The height of any gate or column shall not exceed eight feet in any district.

(j)

Existing wall or fence. Any wall or fence legally established prior to the adoption of this Code shall be considered nonconforming and may remain. Any existing wall or fence being modified, reconstructed or demolish shall comply with this section. Except, that where 50 percent or less a wall or fence is being modified, reconstructed or demolished, that portion of wall or fence may be constructed in the same manner as the reminder of wall or fence, provided, however, that said area of new work shall comply with the visibility triangle requirements of subsection 30-60.2(c).

(Ord. No. 07-31, § 1, 10-1-2007)

(a)

Accessory buildings, prior construction and use. No accessory building shall be constructed upon a lot until the construction of the principal use has been completed, unless construction of the principal and accessory buildings is being concurrently constructed. No accessory building shall be used unless the principal building exists on the front portion of the same lot. No permit shall be issued for an accessory building unless the principal building is in use, or unless a permit is obtained simultaneously for both buildings and construction progresses concurrently. Accessory buildings/structures or uses shall conform to the setbacks as specified within each zoning district except as provided by section 30-60.3 herein.

(b)

Utility sheds.

(1)

Reserved.

(2)

Utility sheds larger than 144 square feet shall comply with the setbacks required of accessory structures within the applicable zoning district.

(c)

Accessory buildings in a townhouse development. No accessory buildings, including sheds, shall be permitted in unwalled areas on sites containing a townhouse. Where an accessory building is located within an area enclosed with walls, it shall not extend above the height of the walls. In addition, the site of all utility sheds within a townhouse development shall provide a perpetual four-foot wall-maintenance easement on the lot adjacent to the zero lot line, and with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the adjacent two affected lot owners. Roof overhangs may penetrate the easement on the adjacent lot a maximum of 24 inches but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. Building footings may penetrate the easement on the adjacent lot a maximum of eight inches.

(d)

Building code. All utility sheds shall comply with the Florida Building Code regulations.

(e)

Swimming pools. Swimming pools in all districts shall be constructed no closer than five feet from any building foundation, unless both the design and construction are approved by the administrative official as safe and will not result in the weakening of, or damage to the building foundation. In no event shall pools be closer than 18 inches to any wall or any enclosure.

Swimming pools that contain stagnant water are deemed unsanitary and dangerous to human life and public welfare. If the stagnant water is not removed and all repairs made and brought into full compliance with the building code within the reasonable time allowed by the building official, then these swimming pools shall be demolished. It shall be the responsibility of the owner and occupant of the premises upon which the swimming pool is erected to maintain and keep it in proper and safe condition.

(f)

Screen enclosures. Roofed screen enclosures shall be included in lot coverage calculations. Screen enclosures attached to the principal building shall be permitted in the rear and side yards provided that:

(1)

The screen enclosure does not exceed the height limitations of the applicable zoning district;

(2)

The screen enclosure is not closer to the front property line than the principal building;

(3)

The screen enclosure meets the setback requirements for accessory buildings.

(g)

Pergolas, trellises, and other similar structures. Pergolas, trellises, and other similar structures may be sited within the required setbacks of a principal building provided:

(1)

The structure is located within a R-1, R-1M, E-M, E-S, E-1, E-1C, E-2, R-2, or R-TH district;

(2)

The encroachment does not exceed 20 feet of the required principal building setback;

(3)

That at no time the structure is closer than five feet to any property line, with the exception of R-1, R-1M, R2, and R-TH, which shall permit a minimum setback of three feet from an interior property line;

(4)

The structure cannot exceed 400 square feet in total area;

(5)

The maximum height cannot exceed 12 feet as measured from grade to its highest point of the structure;

(6)

The structure shall be open on all four sides, with no one supporting column wider than six inches;

(7)

Only one such structure is permitted to encroach into a required principal building setback; and

(8)

The structure shall be open from floor to sky.

(h)

Canvas shade structures. Canvas shades structures shall be prohibited from encroaching into a required principal building front yard setback. Encroachments of canvas shades structures into the required principal building side and rear yard setbacks are permitted pursuant to section 30-60.3(g)(1)—(7).

(Ord. No. 07-31, § 1, 10-1-2007; Ord. No. 2014-03, § 3, 4-7-2014; Ord. No. 2015-14, § 2, 11-2-2015)

(a)

Required for final inspection of pool. The village shall not grant final inspection or approval for a swimming pool unless an approved safety barrier has been erected. No pool shall be filled with water unless a final inspection has been made and approved.

(b)

Types permitted. The safety barrier shall consist of a screened-in patio, a wooden fence, a chain link fence, a rock wall, or a concrete block wall, so as to enable the owner to blend the safety barrier with the style of architecture planned for or existing on the property. A wooden fence, to meet the criteria as a barrier, shall not be climbable and all rails must be placed facing the inside of the property. Walls shall be erected to make them nonclimbable. Wire fences shall be the two-inch chain link or diamond weave nonclimbable type, or constructed of an approved equal quality. If constructed with top rail, they shall be of a heavy, galvanized material.

(c)

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

(d)

Location of barrier. The safety barrier shall be erected either around the swimming pool or around the premises, or a portion thereof, on which the swimming pool is erected. In either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area. Pools located in enclosed structures or on the roofs of buildings shall not require the installation of barriers.

(e)

Gates/screen doors. Gates and screen doors shall be of the spring-lock type, installed at a minimum of 54 inches aboveground, and shall automatically be in a closed and fastened position at all times. Gates shall also be equipped with a safety lock and shall be locked when the swimming pool is not in use.

(f)

Refusal of permit. The village shall have discretion to refuse approval of a safety barrier which does not furnish the safety requirements of this division.

(g)

Continued maintenance. It shall be the responsibility of the owner and occupant of the premises upon which the swimming pool safety barrier is erected to maintain and keep it in proper and safe condition.

(h)

Existing permitted barriers are exempt from this requirement.

(Ord. No. 07-31, § 1, 10-1-2007; Ord. No. 09-26, § 1, 12-7-2009)

(a)

Minimum setback requirements.

(1)

Residential properties:

(2)

Commercial properties:

(b)

The generator system shall be designed to withstand applicable hurricane wind loads as provided for under the Florida Building Code.

(c)

The generator system shall meet elevation requirements under the village's floodplain regulations, at Division 30-100.

(d)

The generator system shall be designed and installed to prevent damages to adjacent structures due to vibration.

(e)

The generator system shall be installed on a minimum six-inch thick concrete slab or with a weather-protected metal frame and be properly grounded.

(f)

The generator system shall be installed with approved durable natural or manmade screening so that the equipment is not visible from outside the property line up to a height of ten feet.

(g)

The generator system shall be placed at least ten feet away from any windows, vents, or doors.

(h)

The generator system shall comply with the Florida Building Code, Village Code and all applicable permitting regulations.

(Ord. No. 07-31, § 1, 10-1-2007)

Definitions. The following words, terms and phrases shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. All terminology used in this chapter not defined below shall be in conformance with applicable publications and standards of the American National Standards Institute (ANSI) or its successor body, the state and other applicable industry standards.

Outdoor lighting shall mean lighting that will minimize glare, light trespass, and skyglow; conserve energy while maintaining nighttime safety, security and productivity; protect the privacy of residents; minimize disturbance of wildlife; enhance the ambiance of the community; and ensure optimal viewing of spectacular night skies above the village.

Lighting of outdoor areas, such as but not limited to tennis courts, basketball courts, golf courses, other sporting areas or grounds, parking lots or areas, amusement or entertainment areas, and outside lighting for security purposes, shall not be permitted except under the following conditions:

(1)

Detailed plans shall be submitted to the planning and zoning department showing the location, height, type of lights, shades, deflectors, beam directions, and photometric data.

(2)

The planning and zoning department may issue a permit if, after a review of the detailed plans submitted and after consideration of the adjacent area and neighborhood and its use and future development, the proposed lighting will be so located, oriented, adjusted and shielded that the lighting will be deflected, shaded and focused away from such adjacent property and will not be or become a nuisance to adjacent property(ies), and will not create a traffic hazard on adjacent streets by reason of glare or the like.

(3)

In addition, outdoor lighting for recreational areas, parking areas, or for any other purpose shall be designed so that any overspill of lighting onto adjacent properties shall not exceed 0.3 vertical foot candles and 0.01 horizontal foot candles ten feet beyond the property line. The intensity of illumination for exterior lighting across the site shall not exceed an average of six-foot candles measured at grade. Light trespass beyond property boundaries or above the horizontal plane beyond the levels noted here shall be considered non-compliant, when violating subsection 30-60.6(2). Fixtures shall be placed to provide uniform distribution of light and to avoid excessive glare. The requirements of this subparagraph shall apply to any night lighting in zones abutting a residential or agricultural zoning district.

(4)

It is not intended here to regulate permitted sign lights and it is not the intent to modify, amend or repeal any portion of the Florida Building Code.

(5)

Within all residential districts, no building or structure shall have any up lighting, directional soffit lights or wall-pac lights. One way down lights on walls, columns, covered terraces or walkways shall be permitted.

(6)

Underwater lighting used for the illumination of a swimming pool, fountain and other water features may be permitted.

(7)

Within all residential districts the parking area, circulation and security lights shall not exceed a maximum overall height of 15 feet within all residential districts.

(8)

The parking area and internal circulation lights shall be placed on a timer consistent with the termination of operational hours and consistent with applicable codes, including but not limited to the home rule power of Miami-Dade County and the Florida Building Code.

(9)

Within all recreational districts, lights shall not exceed a maximum overall height of 18 feet within all recreational districts and shall not be illuminated between the hours of 10:00 p.m. to 8:00 a.m. daily.

(Ord. No. 07-31, § 1, 10-1-2007; Ord. No. 2012-24, § 1, 11-5-2012; Ord. No. 2022-01, § 2, 1-10-2022)

(a)

Outside storage. Outside storage of commercial equipment, supplies or materials are prohibited in all residential and mixed-use zoning districts, except at construction sites where building permits have been issued. The allowance of outdoor storage of commercial equipment, supplies or materials, if any, shall be regulated by the specific commercial zoning district regulations.

(b)

Storage containers and trailers. Steel storage containers, tractor-trailers, trucks, tow trucks, semi-trailers, trailers, including trailers for containing donated goods, and steel containers shall not be permitted to be stored in any zoning district. Tractor-trailers may be temporarily permitted for the purpose of loading and unloading stored items. The village may approve the temporary use of a trailer during construction for development, provided the trailer is connected to a sanitary disposal system.

(c)

Donation collection bins. A donation collection bin shall mean a receptacle designed with a door, slot or other opening and which is intended to accept and store donated items. It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored, kept or maintained a donation collection bin in or on any lot, parcel or tract of land or body of water in any zoning district.

(d)

Portable storage units for on-site storage.

(1)

There shall be no more than one portable storage unit per single family or duplex residential premises no larger than eight feet wide, 16 feet long and eight feet high. No portable storage unit shall remain on a site in excess of 30 consecutive days, and shall not be placed on a premises in excess of 30 days in any calendar year. An application for one 30-day extension may be granted if a building permit for work being done on the site has been secured and maintained. It shall be unlawful for any person to place, or permit the placement of any portable storage unit(s) on a premises in which they own, rent, occupy, or control without first having obtained a building permit. Portable storage units shall be placed only in a driveway or a parking area on an approved surface. The permit shall be posted in plain view at the premises.

(2)

Portable storage units shall be removed immediately upon the issuance of a hurricane warning. If the village determines that an emergency, other than a hurricane warning, provides sufficient cause to exceed or reduce the time limitations which would otherwise apply, the village may allow a portable storage unit to remain at a premises for period in excess of such time limitations, or may also order immediate removal of the storage unit.

(3)

Maintenance and prohibition of hazardous materials. The owner and operator of any premises on which a portable storage unit is placed shall be responsible to ensure that the unit is in good condition, free from evidence of deterioration, weathering, discolorations, rust, ripping, tearing, or other holes or breaks. When not in use, the unit shall be kept locked. The owner and operator of any premises on which a unit is placed shall also be responsible to ensure that no hazardous substances shall be stored or kept within the unit.

(e)

Roll-off containers. It shall be unlawful for any person to place, or allow the placement of any roll-off container for the purpose of construction debris disposal on a premises in which they own, rent, occupy, or control without first having obtained a building permit for construction associated with the premise. A roll-off container shall be placed only in a driveway or a parking area on an approved surface. A permit for the placement of a roll-off container shall be required.

(f)

Garbage dumpsters. Front or rear-loaded dumpsters shall be enclosed or screened by a fence or wall and out of public view.

(Ord. No. 07-31, § 1, 10-1-2007)

(a)

Boat and personal watercraft storage. One boat of less than 35 feet in length (principal boat), not more than ten feet in width, and two personal watercrafts, or an additional boat of up to 23 feet in length that shall be screened off from view from the street and surrounding neighbors may be stored on any one premises in residential districts subject to the following conditions:

(1)

Storage of any boat or personal watercraft shall be to the rear of the front building line and behind the side street building line.

(2)

Boats and place of storage shall be kept in clean, neat and presentable condition.

(3)

No major repairs or overhaul work shall be made or performed on the premises or any other work on the boat or personal watercraft which would constitute a nuisance.

(4)

The boat shall not be used for living or sleeping quarters.

(5)

The boat or personal watercraft shall be placed on and secured to a transport trailer.

(6)

The temporary parking of a boat in front of the front building line or in front of the side street building line for no more than four hours in any 24-hour period, while the boat is hitched to an operable motor vehicle with a valid permanent license tag, for the purposes of cleaning, loading and unloading equipment and supplies shall be permitted, but under no circumstances shall a boat be parked in the public right-of-way, including the swale area of the right-of-way.

(7)

The boat(s) and/or personal watercraft shall be so secured so that it will not be a hazard or menace during high winds or hurricane.

(b)

Recreational and camping equipment. Recreational and camping equipment in the form of travel and camping trailer, truck trailer and motor travel home, designed and used as temporary living quarters for recreation, camping or travel use, may be parked in the open on sites containing a single family or duplex residence, subject to the following conditions:

(1)

No more than one recreational vehicle shall be parked at the premises.

(2)

Parking shall be limited to the occupant, owner or lessee of the premises, or a bona fide house guest of the occupant. The parking of a recreational vehicle by a bona fide guest shall not exceed 14 days.

(3)

The location for parked recreational vehicles shall be in either the rear yard or the side yard to the rear of a line established by the front building line and setback to at least the rear building line whenever possible. In no event shall the recreational vehicle be parked in front of such front building line. The recreational vehicle shall be setback from side property lines at least a distance equivalent to the required side setback for the principal building and shall be set back from the rear property line at least ten feet.

(4)

The recreational vehicle and the area of parking shall be maintained in a clean, neat and presentable manner and shall be in a usable condition at all times.

(5)

The recreational vehicle shall, at all times, shall display a current vehicle registration.

(6)

No major repairs or overhaul work shall be made or performed on the recreational vehicle on the premises which would constitute a nuisance.

(7)

When parked on the premises, the recreational vehicle shall not be used for living or sleeping quarters, or for housekeeping or storage purposes, and shall not have attached any service connections lines, except as may periodically be required to maintain the equipment and appliances.

(8)

The recreational vehicles shall not exceed the maximum length, width, height and weight permitted under applicable provisions of the motor vehicle laws of the state; provided, however, the maximum length shall not exceed 40 feet.

(9)

The recreational vehicle and equipment shall be so secured so that it will not be a hazard or menace during high winds or hurricane.

(c)

Tents. Tents less than 400 square feet, with or without electricity may be permitted by building permit by the village for special events in residential zones, for up to three consecutive days, two times per year, per residence. Tents in nonresidential areas shall not be permitted, except for major holidays and events such as Mothers Day, Fourth of July, Thanksgiving, Christmas, New Year, Grand Openings.

(d)

Awnings/canopies. Awnings or canopies attached to windows or doors may be permitted and may extend up to five feet from the securing structure. Awnings or canopies, portable in nature, are permitted without a building permit, provided the location complies with setback requirements and are not permanently attached to the ground or a structure. In the event of a tropical storm watch, the portable awning or canopy shall be dismantled.

(Ord. No. 07-31, § 1, 10-1-2007; Ord. No. 07-35, § 1, 11-5-2007)

(a)

No vehicle shall be displayed for sale in a residential district unless affixed to the vehicle is a valid state license plate issued for the vehicle, except that a vehicle affixed with a lost tag may be displayed for a period not to exceed ten days, until a new tag is obtained. A vehicle with a lost tag shall have the vehicle registration affixed to the rear window so as to be easily readable by law enforcement and code enforcement officials.

(b)

In residential districts, no more than one vehicle may be displayed for sale at any one time on any single site and no more than two vehicles may be displayed for sale at any site during any single calendar year. The display shall solely be permitted at the current address of the registered owner of the vehicle.

(c)

All violations of this section shall be punishable by a fine of $100.00 for the first offense and $250.00 per vehicle for each additional vehicle. Pursuant to the village's code compliance regulations, the village may lien the vehicle and any real property owned by the violator in Miami-Dade County until all fines, enforcement costs, and administrative costs are paid by the violator. Any vehicle in violation of this subdivision shall be towed by the village or its agents at the owner's expense if not removed immediately after receiving a notice of violation from a code compliance officer. The vehicle owner shall be responsible for all fines, towing fees, storage fees, and any administrative and enforcement expenses and fines that result from the enforcement of this section.

(Ord. No. 07-31, § 1, 10-1-2007)

(a)

No demolition may occur within the village, without obtaining a demolition permit that has satisfied all requirements set forth below. For all demolition within the village, the following shall be completed and/or submitted prior to the issuance of a demolition permit and prior to the commencement of any and all demolition activity:

(1)

A site management plan shall be submitted to the village's building department for review and approval prior to issuance of the demolition permit. The site management plan shall include a plan of the structure to be demolished, location of utilities, location of septic tank (if applicable), material recycling, tree identification and protection, site grading, sidewalk protection and measures to control pedestrian access around the site, runoff control, weed control, fencing or screening, site appearance control, and a demolition schedule. The site management plan shall delineate the location of dumpsters, if applicable.

(2)

A notice of application for the demolition permit shall be posted in a prominent location on the site for public inspection.

(3)

Any additional documents that may be required by the building department, including but not limited to a survey of the property; letter of disconnect from FP&L; water and sewer capping; approval of outside agencies (when applicable) such as DERM and the department of health.

(b)

All demolition sites shall be maintained free of debris and scrap materials.

(c)

During hurricane season (June through November), site shall be maintained cleaned of loose debris and/or secured in accordance with the Village's Code of Ordinances and the Florida Building Code.

(d)

All demolition sites readily accessible to the public not already providing site conditions that fence or wall off the area from the public, shall be enclosed with a temporary six-foot fence which shall be installed prior to starting the demolition activity, unless exempted by the village building official. The fence permit is to be issued, and the fence installed, inspected, and permit closed-out by the building department prior to initiating demolition or construction. The fence shall be chain link, covered with green nylon material screening the demolition from view, and installed on the front, side and rear lot lines. The fence shall be installed so as not to create a public hazard and the fence gate shall be locked during nonworking hours. The fence shall remain in place through completion of construction, unless exempt by the village's building official. Additional protective safeguards may be required where the village identifies an attractive nuisance. "Readily accessible to the public" shall mean a "Level Three" demolition of existing residential buildings as defined under the Florida Building Code at section 405.1 (exceeds 50 percent of the aggregate area of the building within any 12-month period). Level One (Florida Building Code section 403.1) and Level Two (Florida Building Code section 404.1) residential alterations shall not be considered readily accessible. Levels Two and Three of construction/alteration/demolition for commercial properties (as defined at 404.1 of the Florida Building Code) shall be considered readily accessible.

(e)

All demolition sites shall be monitored for dust control by hosing of debris with water.

(f)

All pavement, surfacing, driveways curbs, walks, buildings, utility poles, fences, and other surface structures affected by the demolition operations, together with all sod and shrubs in yards, parkways, and medians shall be restored to their original conditions, whether within or outside the easement right-of-way. All replacements shall be made with new materials.

(g)

All demolition sites shall comply with the village's noise code, demolition activity is limited between the hours from 7:00 a.m. to 6:00 p.m., Monday through Friday. Saturday hours shall be from 9:00 a.m. to 5:00 p.m. No demolition activity is permitted on Sunday and holidays.

(Ord. No. 09-24, § 1, 11-2-2009; Ord. No. 2021-14, § 2, 9-13-2021)

(a)

No construction may occur within the village, without obtaining all applicable permits. A site management plan shall be submitted to the village's building department for review and approval prior to issuance of the construction permit. The site management plan shall include a plan of the structure to be constructed, location of utilities, location of septic tank (if applicable), material storage location and mechanism for securing same, location of dumpsters and method of securing trash during hurricane season, if applicable, tree identification and protection, site grading, sidewalk protection and measures to control pedestrian access around the site, runoff control, weed control, fencing or screening, site appearance control, and a construction schedule.

(b)

All construction sites shall be maintained free of debris and scrap materials.

(c)

During hurricane season (June through November), the construction site shall be maintained cleaned of loose debris and/or secured in accordance with the Village's Code of Ordinances and the Florida Building Code.

(d)

All construction sites readily accessible to the public not already providing site conditions that fence or wall off the area from the public, shall be enclosed with a temporary six-foot fence which shall be installed prior to starting the construction activity, unless exempt by the village's building official. Construction shall be defined to include new construction of structures, additions to existing structures, renovation of existing structures, and any construction that shall include excavation or exposure of the interior of an existing structure. Construction shall not include paving or repaving of a driveway, or other re-surfacing and/or minor interior renovations or construction which is not exposed to the elements. The fence permit is to be issued, and the fence installed, inspected, and permit closed-out by the building department prior to initiating construction. Each site, must additionally comply with section 1.1Florida Building Code, above, relating to demolition permit requirements if demolition permit is needed. The required perimeter fence shall be chain link, covered with green or black nylon material screening the construction from view, and installed on the front, side and rear lot lines. The fence shall be installed so as not to create a public hazard and the fence gate shall be locked during nonworking hours. The fence shall remain in place through completion of construction, unless exempt by the village's building official. Additional protective safeguards may be required where the village identifies an attractive nuisance. "Readily accessible to the public" shall mean a "Level Three" alterations of existing residential buildings as defined under the Florida Building Code at section 405.1 (exceeds 50 percent of the aggregate area of the building within any 12-month period). Level One (Florida Building Code section 403.1) and Level Two (Florida Building Code section 404.1) residential alterations shall not be considered readily accessible. Levels Two and Three of Construction for commercial properties (as defined at 404.1 of the Florida Building Code) shall be considered readily accessible.

(e)

All construction sites shall be controlled for dust, dirt, and particulate matter by hosing of debris with water. The construction site shall be required to provide a water disbursal system with sufficient water pressure and volume of water to ensure prompt and efficient hosing of the site to ensure control of the dust, dirt and particulate matter.

(f)

All pavement, surfacing, driveways curbs, walks, buildings, utility poles, fences, and other surface structures affected by the construction operations, together with all sod and shrubs in yards, parkways, and medians shall be restored to their original conditions, whether within or outside the easement right-of-way. All replacements shall be made with new materials.

(g)

All construction sites shall comply with the village's noise code. Construction activity is limited between the hours from 7:00 a.m. to 6:00 p.m., Monday through Friday. Saturday hours shall be from 9:00 a.m. to 5:00 p.m. No construction activity is permitted on Sunday and holidays.

(h)

In addition to the above, the site management plan for all nonresidential developments in residential districts and their corresponding construction shall comply with the following:

(1)

Access points by construction vehicles shall be identified as part of the construction staging plan for village approval at the time a permit is pulled for construction. Access points shall be from major collector streets rather than local roads/streets in neighborhoods whenever possible.

(2)

Construction staging shall take place towards the center of the property, away from all property lines, where possible. Construction staging shall not be permitted in the buffer areas.

(3)

Construction trailers for staging area shall be permitted solely during construction and shall be removed within 60 days of final certificate of occupancy.

(4)

Materials or vehicles shall not be parked, placed, or stored on public right-of-way under the jurisdiction of the village except under the following conditions: mobile equipment may be parked during the permitted hours of construction. Materials may only be stored on right-of-way with permission of the appropriate public works department, with a time limit reported to council and public.

(Ord. No. 09-24, § 1, 11-2-2009; Ord. No. 2012-25, § 1, 11-5-2012; Ord. No. 2021-14, § 3, 9-13-2021)

The village desires to regulate excavations and pavement cutting of newly constructed, reconstructed, paved, surfaced or resurfaced public rights-of-way by establishing the following regulations:

(a)

Excavations prohibited. No excavation or pavement cutting shall be permitted in any public rights-of- way for a period of five (5) years from the recordation of a notice of completion for construction, reconstruction, paving, surfacing, resurfacing or sealing ("Pavement Improvement") of the public rights-of way, except as set forth in subsection (a)(1), below:

(1)

Excavation or pavement cutting may be approved by the village manager or his/her designee upon a finding by the public services department that such excavation or cutting is allowed as an emergency or an exception, as set forth below.

i.

The village manager or his/her designee shall find that a proposed excavation or pavement cutting be considered an emergency if the proposed excavation is necessary to repair or replace underground facilities in order to prevent a disruption of services to customers or prevent injury or damage to life or property:

ii.

The village manager or his/her designee may approve an exception to the prohibition set forth in subsection (a)(1) above if the public services department finds that the excavation or cutting is required to provide essential utility services to a property where there are no other reasonable means of providing such services to the property or where the work is mandated by state or federal laws or orders and the excavation cannot be reasonably avoided.

iii.

The contractor shall post a performance bond equal to the cost of the project.

(2)

In the event of an excavation permitted by subsection (a)(1) above, the affected rights-of-way shall be restored in accordance with Miami-Dade County Public Works Manual trench restoration standards, as the same may be amended from time to time.

(b)

Pavement Improvement List. The village will maintain a list of all newly constructed, reconstructed, paved, surfaced or resurfaced public rights-of-way. The list and map of the rights-of-way together with the date of completion for each Pavement Improvement Project will be placed on the Village of Palmetto Bay Website.

(Ord. No. 2017-15, § 2, 10-2-2017)

(a)

A home-office shall be permitted as an ancillary use to all lawful residential uses subject to the following limitations:

(1)

The area of the dwelling unit devoted to a home-office shall not exceed 200 square feet of the principle structure.

(2)

The home-office shall not be conducted in any accessory building or other accessory structure at the residential premises.

(3)

The home-office use must be conducted by a member of the household residing in the dwelling unit, and no person shall be employed at any time in connection with the home-office use who is not a member of the household residing in the dwelling unit except that a disabled individual may employ a personal care attendant as necessary to accommodate a home-office use at the residential premises.

(4)

No sign relating to the home-office may be posted or displayed at the site and no vehicle may display any signs which reflect the home-office use or home-office residential address to ensure that the residential character of the neighborhood is maintained.

(5)

No customer, vendor, client or other patron shall be served in person on the site. The home-office use shall not be conducted in any way which would necessitate the presence of vendors, suppliers or patrons on the site, with the exception of deliveries customary to residential use.

(6)

There shall be no display, manufacturing, distribution, or repair of any type of materials, merchandise or other products on the premises. All supplies and items affiliated with the home-office use shall be contained within the designated home-office area.

(7)

There shall be no change in the outside residential character of the premises as a result of the conduct of such home-office use. Visible external evidence of the home-office use is prohibited.

(8)

More than one home-office may be permitted at any one time in a dwelling unit, provided that each such home-office complies with each of the above requirements and further provided that the combined total square footage of all home-office uses in the dwelling unit does not exceed 200 square feet.

(9)

An annually renewable certificate of use and occupancy shall be required for any home-office use.

(10)

No variances of these minimum requirements may be granted.

(Ord. No. 07-31, § 1, 10-1-2007)

Editor's note— Ord. No. 2012-23, § 3, adopted November 5, 2012, repealed § 30-60.15, which pertained to buildings for public assemblage. See also the Code Comparative Table.

(a)

Definition. A garage sale means the sale of personal property at the property on which the sale is occurring. The term shall include, but not be limited to, "lawn sale," "yard sale," "estate sale" or "rummage sale."

(b)

Number of sales. Each single family homeowner, multi-family residence building or charitable, civic, educational, or religious organization is permitted, two garage sales per calendar year.

(c)

Time. Garage sales may only take place during daylight hours.

(d)

Permit required.

(1)

Prior to holding a garage sale, the property owner or tenant shall obtain a permit from the community development department. There shall be no fee for the permit.

(2)

Applicants for garage sale permits must provide the following information to the village at time of application:

a.

Name of the person or entity conducting the sale or owner of the property at which the sale will be located.

b.

Location where the garage sale is to be conducted.

c.

Date(s) the sale is to be held.

d.

Dates of any past garage sales at the subject location within the past 12 months.

e.

Nature of the property to be sold.

f.

Proof of residence.

(3)

Applications for garage sales must be accompanied by the written permission of the property owner.

(4)

The garage sale permit must be prominently displayed on the premises while the sale is in progress.

(e)

Merchandise. Merchandise to be sold at a garage sale shall have been previously used or crafted and not belong to a business or commercial entity, as use by a commercial entity would result in a material change in the character of the residential districts and as commercial uses are prohibited in residential districts.

(f)

Merchandise display. Merchandise to be sold at a garage sale shall be displayed in a garage, carport, private driveway, or yard. Merchandise shall not be displayed on public rights-of-way or swale areas. All items shall be removed from visual display by the end of the last day of the sale.

(g)

Signage.

(1)

Up to four signs providing directions to a garage sale are permitted to be placed off-site from the location of the garage sale.

(2)

Two signs advertising a garage sale are permitted to be displayed on private property where the garage sale is being held.

(3)

Signs advertising a garage sale shall not be displayed until the first day of the sale and shall be removed at the end of the last day of the sale.

(4)

Signs shall not be larger than 22 inches by 28 inches.

(5)

Signs shall include the property address of the garage sale and the garage sale permit number.

(6)

Charitable, civic, educational, or religious organizations shall additionally be allowed to display one banner not to exceed three feet by eight feet in size at the site of the sale, provided the sale occurs at the location of the organization. No off-site banners are allowed.

(h)

Penalties established. Both the property owner and occupant of the premises holding a garage sale shall be subject to a penalty as provided by section 2-205 of the Village's Code for failure to comply with any of the provisions of this section.

(i)

Special circumstances. The village manager is permitted to grant a waiver of this policy for special or exigent circumstances such as estate sales due to a death in the family. The manager shall advise the village council of waivers granted at the next regularly scheduled village council meeting.

(Ord. No. 07-31, § 1, 10-1-2007)

(a)

Intent. It is the intent and purpose of this section to establish conditions and requirements under which a permit will be issued for sidewalk cafés.

(b)

Definitions.

(1)

Accessory use shall comply with the definition contained in Division 30-40, and does not exceed 30 percent of the gross interior floor area (the areas within the perimeter of the inside walls of the building/bay with no deductions for corridors, stairs, closets, thickness of wall, columns or other features, but excluding utility rooms).

(2)

Sidewalk café is a portion of a restaurant or eating establishment located outside of and adjacent to the principal building (unenclosed, without a permanent structural roof covering) on a private or public sidewalk which provides a sit down area for food and/or beverage consumption purposes or a sit-down area.

(3)

Sidewalk café permit is a permit issued after approval has been granted by the village based on the criteria detailed below.

(c)

Uses permitted/permit application/permit fee. Sidewalk cafés are permitted as an accessory use to a restaurant or eating establishment in the B-1, B-2, VMU and FT&I zoning districts. Application for a permit shall be made to the community development department. If approved, a permit for a sidewalk café will be issued for one-year and shall be automatically renewed by the community development department if the use remains in continuous compliance with all conditions stated herein and upon receipt of the annual permit fee. Such permit shall not be transferable in any manner. The annual permit fee shall be $200.00.

(d)

Permit types.

(1)

A sidewalk café containing 400 square feet or less in dining area shall require the review and approval by the village's community development director.

(2)

Sidewalk cafés greater than 400 square feet in dining area shall require the review and approval by the village manager and the village's community development director.

(e)

Submittal requirements. All site plans (including architectural plans) for sidewalk cafés shall include a sketch; existing interior floor plans; exterior floor plans; building elevations; setbacks; types of landscaping/ground covering; lighting; location of tables, chairs and other furniture; pedestrian ingress and egress (clear path) and other information that is deemed necessary for review. In addition, photographs, drawings, and/or manufacturer's brochures describing the appearance of the proposed tables, chairs, umbrellas and/or other objects related to the sidewalk café shall be provided.

(f)

Development standards and criteria. In order to protect the public health, safety, convenience and general welfare of the surrounding uses, sidewalk cafés shall be subject to the following criteria:

(1)

The operations of such sidewalk café seating area shall be conducted in such a way as to not interfere with the circulation of pedestrian or vehicular traffic on the adjoining streets or sidewalks. There shall be a minimum of four feet of clear distance from the circulation of pedestrian or vehicular traffic. The minimum four-foot requirement will be measured and maintained when chairs and tables are occupied. The sidewalk café dining area shall be located adjacent to the building façade, with the four feet of clear pedestrian passage provided between the dining area and the edge of the pavement;

(2)

All kitchen equipment used to service the sidewalk café shall be located inside the primary restaurant. Service counters or pass through windows from the primary restaurant to the sidewalk café are permitted;

(3)

A sidewalk café which contains 400 square feet or less of dining area is exempt from providing additional parking. One parking space shall be required for every 200 square feet of dining area in excess of 400 square feet of outdoor café dining area;

(4)

The restaurant owner/operator shall be responsible for maintaining the sidewalk café in a safe, attractive, clean, and nuisance free environment. All debris and litter shall be removed daily. Private trash containers in the sidewalk café dining area are permitted provided that any such containers are kept clean, orderly and placed in safe locations. Public sidewalk trash containers shall not be used as a means of disposing of table waste generated by restaurant and/or sidewalk café customers;

(5)

Sidewalk café furniture must be kept in a clean, orderly, and safe condition. Furniture shall be of a safe, stable and durable material not prone to rusting, corroding, cracking, warping, peeling, splintering or being blown over by wind or rain;

(6)

Restaurants may serve alcoholic beverages in the sidewalk café dining area provided the restaurant complies with state and county laws;

(7)

Audio/visual devices (televisions, radios, compact disk players) are permitted in the sidewalk café area provided they are located under a permanent roof, are not visible from the public right-of-way, and are not audible across property boundaries or through partitions common to two or more parties within the buildings. Loudspeakers or public address systems are not permitted in the sidewalk café dining area;

(8)

The hours of operation for the sidewalk café shall be no greater than that of the primary restaurant and may be less as determined in the review process; and

(9)

Upon the issuance of a hurricane warning, all outdoor furniture shall be removed from the sidewalk café dining area.

(g)

Liability and insurance.

(1)

Prior to the issuance of a permit, the applicant shall provide the village with certified copies of all insurance policies providing coverage as required.

(2)

Prior to the issuance of a permit, the applicant shall furnish the village with a signed statement from an authorized officer, or legal representative, of the restaurant that the permittee shall hold harmless the village, its officers and employees and shall indemnify the village, its officers and employees for any claims for damages to property or injury to persons arising out of or in any way contributed by the use, maintenance or operations of the sidewalk café. Proof of worker's compensation coverage shall also be provided.

(3)

The applicant shall furnish and maintain such public liability, food products liability and property damage insurance from all claims and damage to property of bodily injury, including death, which may arise from the use, maintenance or operations of the sidewalk café area. Coverage shall specifically include policies of not less than $1,000,000.00 for bodily injury, and property damage respectively per occurrence. Such insurance shall name as additional insured, the village, its officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the completion of the sidewalk café permit period without 30 days' written notice to the village. Such insurance will be primary to any insurance or self-insurance whether collectible or not which may be available to the village its officers or employees.

(4)

For restaurants with sidewalk cafés that serve alcoholic beverages, liquor liability insurance in the amount of $1,000,000.00 per occurrence for bodily injury and property damage is required. The applicant shall furnish and maintain such public liability, liquor products liability, and property damage insurance from all claims and damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Coverage shall not be less than $1,000,000.00 for bodily injury, and property damage respectively per occurrence. Such insurance shall be without prejudice to coverage otherwise existing therein and shall name as additional insured, the village its officers and employees, and shall further provide that that policy shall not terminate or be canceled prior to the completion of the sidewalk café permit period without 30 days' written notice to the village. Such insurance will be primary to any insurance or self-insurance whether collectible or not which may be available to the village, its officers or employees.

(5)

An endorsement must be issued as part of the policy reflecting compliance with these requirements.

(6)

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

(7)

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

(h)

Revocation, suspension of permit; emergencies.

(1)

A sidewalk café permit may be immediately revoked or suspended by the village manager or his/her designee upon a finding that a violation of the provisions of this article occurred, or the sidewalk café is being operated in a manner which constitutes a nuisance, that unduly impedes or restricts the movement of pedestrians or in any way contributes an undue liability. The revocation or suspension shall be in writing, setting forth specific reasons and providing an effective date.

(2)

A sidewalk café permit may be suspended by the village manager or his/her designee for community or special events, utility, sidewalk or road repairs, or emergency situation or violations of provisions contained herein. The length of the suspension shall be for a duration as determined by the village manager or his/her designee. Removal of all tables, chairs and related obstructions shall be the responsibility of the restaurant owner/operator.

(3)

Failure to comply with the provisions of this section shall result in a fine of $250.00 and may result in the village seeking injunctive relief in court. Failure to timely renew the permit shall result in a $50.00 late fee, per month.

(Ord. No. 07-31, § 1, 10-1-2007)

A special event or temporary use is permitted on private property in all zoning districts provided a special event permit is obtained. The special event permit application includes applicant, event and event logistical information to be considered by the village in making its determination whether to approve an application. Temporary structures including tents and lighting, require building division review and may require a building permit. Temporary signs and/or banners shall comply with the provisions of Division 30-90.

(Ord. No. 07-31, § 1, 10-1-2007)

(a)

The primary name of all public and private streets shall be named and numbered in accordance with the established numerical naming as provided for under Article IX, "Street Names and Numbers," of the Miami-Dade County Code.

(b)

The numbering of buildings and plats shall be in accordance with the established process provided for under Article IX, "Street Names and Numbers," of the Miami-Dade County Code.

(c)

Duty of owners of buildings. It shall be the duty of the owner of any building facing, abutting, opening or having its main entrance from any right-of-way to have affixed to such building suitable numbers composed of figures not less than three inches in height, and/or panel upon glass or some metallic substance. It shall be the duty of the owner to maintain building numbers in good condition and in a conspicuous place where they can be seen and read from the street. The word "owner" as used in this section shall include owners of the fee, lessee and "agent in charge."

(Ord. No. 07-31, § 1, 10-1-2007)

Applicability and purpose. The purpose of this section is to provide regulations pertaining to short term/vacation/transient rentals (collectively "vacation rentals") to preserve the quiet nature and atmosphere of residential areas and to ensure to village residents the tranquility and peaceful enjoyment of their neighborhoods. These regulations shall be in addition to, and shall not supplant, other provisions in this code that may apply to such rentals; in the event of a conflict, the more restrictive provision shall control.

(a)

Definitions. For purposes of this section, the following definitions shall apply:

(1)

Peer-to-peer or platform entity shall mean any person, service, business, company, marketplace, or other entity that, for a fee or other consideration, provides property owners and responsible parties a platform or means to offer vacation rentals to transient occupants, whether through the internet or other means.

(2)

Property owner shall mean the person who, or entity that, owns the property being used or occupied as a vacation rental.

(3)

Responsible party shall mean the person or entity authorized by the property owner to obtain a certificate of use for a vacation rental, and who will be:

a.

Responsible for ensuring compliance with all regulations related to vacation rentals; and

b.

Available to respond 24 hours per day, seven days per week to any issue that arises relating to the vacation rental. The property owner may serve as responsible party.

(4)

Transient occupant shall mean any person who rents or occupies any dwelling unit or residence or part thereof for less than two months or a maximum of 60 days, consecutive or non-consecutive in a calendar year, and any guest or invitee of such person.

(5)

Vacation rental shall mean any dwelling unit or residence, including, but not limited to, any unit or group of units in a townhouse, condominium, cooperative, or apartment building, that is rented in whole or in part to a transient occupant for more than three times a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place that may be rented to a guest for a period less than two months or a maximum of 60 days, consecutive for non-consecutive. For purposes of this section, the term vacation rental is synonymous with the term short-term/vacation/transient residential rental.

(b)

Certificate of use required. No property owner, responsible party, or peer-to-peer or platform entity shall offer as a vacation rental, or allow any person to rent or occupy as a vacation rental, any property in whole or in part within the village unless a certificate of use has first been obtained in accordance with the provisions of this section. A property may be offered as a vacation rental immediately upon approval of an application for certificate of use, unless and until such time as the application is thereafter revoked for failure to pass inspection.

(1)

Application. A complete certificate of use application shall be submitted online or in hard copy. A peer-to-peer or platform entity may enter into an agreement with the village whereby the peer-to-peer or platform entity agrees to submit applications on behalf of responsible parties. The application must be signed under oath or affirmation, and shall include the following:

a.

The address and legal description of the vacation rental property;

b.

Name, address, and phone number of the property owner;

c.

Name, address, and phone number of the responsible party;

d.

Name and contact information for the peer-to-peer or platform entity or entities on which the vacation rental is, or will be, listed for rent;

e.

A statement that the responsible party has the permission of the property owner and authority to offer the property as a vacation rental and act as the responsible party;

f.

A statement as to whether the entire property, or just a part thereof (i.e., a room or rooms), will be used as a vacation rental;

g.

A statement that insurance coverage will be in effect at all times while the property is being used as a vacation rental to cover liability for injury or harm to transient occupants or other invitees, and acknowledging that a standard homeowner's or renter's insurance policy may not necessarily provide such liability coverage while the property is used as a vacation rental;

h.

A statement acknowledging that the responsible party has received information explaining that using the property as a vacation rental could result in loss of the homestead exemption, and has provided such information to the property owner;

i.

A statement indicating how many times, and for how many days in all, the property was used as a vacation rental within the previous calendar year;

j.

A statement acknowledging that the vacation rental must be registered with the Florida Department of Revenue, for purposes of collecting and remitting applicable state taxes and all such state taxes have been, or will be, paid;

k.

A statement acknowledging that a vacation rental license, issued by the Florida Department of Business and Professional Regulation, or successor agency, must be obtained;

l.

A statement acknowledging that the property is, and will be at all times during which it is used as a vacation rental, maintained in compliance with the vacation rental standards set forth;

m.

An interior floor plan showing layout of rental property including sleeping areas, bathrooms and kitchen, etc.;

n.

An exterior site plan showing structures, driveway, pool, hot tub, etc.

o.

Supporting documentation. The responsible party shall maintain all required licenses, records, and other documentation sufficient to demonstrate that the statements and information required above are true and accurate. All such licenses, records, and other documentation shall be provided upon request, and failure to do so may result in the denial, suspension, or revocation of the certificate of use.

p.

Providing false or misleading information in an application for a certificate of use is grounds to deny or revoke the certificate of use.

q.

A list of all registered vacation rentals shall be posted on the village website.

(2)

Annual renewal. The certificate of use shall be renewed annually. A certificate of use may not be renewed if there are any outstanding fines or liens for violations of this Code.

(3)

Inspection. Prior to the issuance or renewal of a certificate of use, the vacation rental property shall be subject to inspection to ensure compliance with all applicable code requirements. At the time of such inspection, the responsible party shall provide all licenses, records, and other documentation sufficient to demonstrate compliance with all requirements of this section.

(4)

Enforcement history.

a.

When reviewing an application to obtain or renew a certificate of use, the village shall consider the violation history of the property identified in the application. If the violation history shows three or more violations of this section within the preceding 12 months, the village shall not issue or renew the certificate of use unless:

1.

All outstanding violations or liens are first satisfied and corrected; and

2.

A bond in the amount of $10,000.00 is provided to the village, in the form approved by the village attorney. The bond shall be subject to forfeiture for future violations, as set forth in this section.

b.

When the violation history shows three or more violations of this section within the preceding 12 months, the village shall notify the peer-to-peer or platform entity, if known, of the property at which the violations have occurred, and the dates of the violations.

c.

When calculating whether a vacation rental property has three or more violations within the preceding 12 months, if one or more unresolved citations that will affect the decision to issue or renew the certificate of use are pending, the village may issue or renew a certificate of use on a provisional basis and for a limited time, which may be extended for good cause shown.

(c)

Vacation rental standards. The following vacation rental standards shall govern:

(1)

Duties of peer-to-peer or platform entity. For each vacation rental listed or offered, a peer-to-peer or platform entity shall:

a.

Provide notice of the requirements of this section to any person or entity listing or offering a vacation rental on its service or platform;

b.

Only provide payment processing services, or otherwise facilitate payment for a vacation rental that has a valid certificate of use in accordance with this section. A peer-to-peer or platform entity shall not be held liable pursuant to this subsection where it:

1.

Requires the responsible party to have applied for or obtained a certificate of use number as a precondition to listing or offering a vacation rental on its platform;

2.

Provides to the village the certificate of use number or application number, the listing identification number associated therewith, the address of the vacation rental property, and the responsible party's name and contact information for all listings on the platform; and

3.

Removes any listing from the platform within ten days of notification from the village that a certificate of use number or application number associated with the listing is invalid or expired, or that the enforcement history of a vacation rental associated with the listing shows three or more violations within the preceding 12 months.

c.

Include language in rental documents to discourage the secondary subletting of vacation rentals;

d.

Maintain records demonstrating that the requirements of this subsection have been satisfied, and such records shall be subject to inspection upon request, provided, however, that certain confidential information, such as social security numbers, credit card information, and names of minors, shall not be subject to inspection; and

e.

Make available for inspection upon request all records relating to any suspected violations of state or local law associated with any vacation rental property, provided, however, that certain confidential information, such as social security numbers, credit card information, and names of minors, shall not be subject to inspection.

(2)

Duties of responsible party. For each vacation rental, the responsible party shall:

a.

Provide written notice to vacation occupants, prior to occupancy of the vacation rental, of the vacation rental standards set forth herein and other applicable laws, ordinances, or regulations concerning noise, public nuisance, vehicle parking, solid waste collection, and common area usage. This information shall also be made available to each vacation occupant inside the subject property;

b.

Provide notice to prospective vacation occupants at the time the subject property is listed as a vacation rental of any limitations on the property pertaining to access for the disabled;

c.

Provide notice to the homeowner's association or condominium/cooperative association or board, if any, that the subject property will be used as a vacation rental and adhere to all policies, rules, and regulations of such association or board pertaining to vacation rentals;

d.

Ensure compliance with all provisions of this section, including the vacation rental standards set forth herein, and promptly address and report any violations of this section or of such other law or regulation of which the responsible party knows or should know to the village or law enforcement, as appropriate, as well as to the peer-to-peer or platform entity;

e.

Ensure that any violations regarding the rental of the property are able to be promptly addressed and resolved 24 hours a day/seven days per week; and

f.

Maintain a register with names and dates of stay of all guests, which shall be open to inspection.

(3)

Maximum occupancy. Maximum overnight occupancy for vacation rentals shall be up to a maximum of two persons per bedroom, plus two additional persons per property, up to a maximum of 12 persons, excluding children under three years of age. For purposes of this subsection, "overnight" shall mean from 10:00 p.m. until 7:00 a.m. the following day. Notwithstanding the foregoing, at no time may the occupancy of a vacation rental exceed the maximum occupant load for the property under the Florida Building Code.

(4)

Responsible party residency. The property on which a vacation rental is operated shall be a residence in which the responsible party resides for more than six months per calendar year. Nothing in this subsection shall preclude the rental of the property at the same time that the responsible party is residing there.

(5)

Solid waste handling and containment. Solid waste containers sufficient to handle the maximum occupancy permitted shall be maintained in accordance with village ordinances. All regulations regarding screening and storage of solid waste containers shall apply to vacation rentals. For purposes of this section all solid waste containers shall be placed at curbside or other designated collection area only on scheduled collection days, no later than 7:00 a.m., and shall be removed therefrom that same day once collection has occurred.

(6)

Advertising and signs. Signs shall only be allowed to the extent permitted by the regulations in the code applicable to the relevant zoning district. Any advertisements or signs pertaining to vacation rentals that are inconsistent with the requirements, restrictions, and regulations of the certificate of use or these vacation rental standards shall be deemed prima facie evidence in any enforcement action that a vacation rental is being operated in violation of this section.

(7)

Sexual offenders and sexual predators.

a.

If the vacation rental property is within 1,000 feet of a school, it shall be a violation to allow any person to occupy the property with knowledge that such person is a registered sexual offender or registered sexual predator in any jurisdiction. The responsible party shall be required to obtain confirmation of a nationwide search from the Miami-Dade County Police Department or other law enforcement agency that the prospective transient occupant or occupants is not a registered sexual offender or sexual predator as a result of a conviction of a sexual offense. The responsible party may call the Miami-Dade County Answer Center (311) to obtain assistance or referrals to determine whether a prospective transient occupant is a sexual offender or predator and to determine whether a residence is 1,000 feet from a particular school.

b.

If the vacation rental property is within 1,000 feet of a school, it shall be a violation of this section for a sexual offender or sexual predator to occupy the property.

(8)

Posting of certificate of use and other documents. Whenever a property is being used as a vacation rental, the certificate of use required by this section shall be available in a conspicuous location that is clearly visible to guests within the vacation rental and shall include, at a minimum, the name, address, and phone number of the responsible party and the maximum occupancy of the vacation rental. Additionally, there shall be a posting of the times of garbage pickup, the location of the nearest hospital, a property evacuation map, and the non-emergency police phone number.

(9)

Parking and vehicles. All parking must comply with the requirements of the district in which it is located, and all other applicable sections of this Code. In addition, all vehicles associated with the vacation rental, whether in the possession or control of the property owner, responsible party, or transient occupant, shall only be parked within a driveway or in a designated parking area on the subject property; or, where there is no such driveway or designated parking area, vehicles shall only be parked on the street or swale directly in front of the subject property. Transient occupants shall not be permitted to park more than two vehicles at any one time on the subject property or on the street or swale during the rental period. An exterior plan showing parking areas must be provided.

(10)

Noise. All transient occupants shall abide by this Code, which prohibits unreasonably loud, excessive, unnecessary, or unusual noise. In addition, outdoor amplified sound at a vacation rental shall not be permitted at any time.

(11)

Public nuisance. The responsible party and all transient occupants shall abide by all applicable state and local public nuisance laws and ordinances, including, but not limited to, F.S. §§ 823.05 and 823.10, which prohibits any place or premises from being used as the site for the unlawful sale or delivery of controlled substances, prostitution, youth and street gang activity, gambling, illegal sale or consumption of alcoholic beverages, or lewd or lascivious behavior that adversely affects the public health, safety, morals, and welfare.

(12)

Pets. If the responsible party permits vacation occupants to have pets at the vacation rental, such pets shall be at all times secured within the property lines or on a leash but shall not be tethered. Continual nuisance barking by pets is prohibited. The keeping of pets shall be subject to the regulations of this Code regarding animals.

(13)

Swimming pool safety features. If there is a swimming pool onsite, the responsible party shall ensure that the swimming pool has in place at least one of the pool safety features listed in F.S. § 515.27, (i.e., pool safety barrier, pool safety cover, pool alarm, or door latch/alarm) prior to use of the property as a vacation rental by any person under the age of six. The responsible party shall be deemed to have complied with this provision if the pool safety feature is put in place at the time that the property is turned over to any vacation occupant occupying the vacation rental. This provision shall not apply to a vacation rental with a community swimming pool onsite, such as in a condominium, as determined by the village. There shall be an annual inspection by a licensed technician and a log kept and available to the village of these inspections

(14)

Compliance with applicable laws. In addition to the foregoing, the responsible party and all transient occupants shall comply with all other applicable local, state, and federal laws, regulations, rules, and standards, including, but not limited to, the Florida Building Code, the Florida Fire Code, the Florida Life Safety Code, and those pertaining to anti-discrimination, disability, and fair housing to the extent applicable.

(d)

Enforcement. The requirements of this section may be enforced in accordance with the following:

(1)

Penalties. Any person operating a vacation rental without a certificate of use or in violation of the vacation rental standards or any other provisions in this section shall be subject to a penalty of $250.00 for the first office, $500.00 for a second offense and a suspension of the certificate of use upon the third offense until the violation is corrected.

(2)

Forfeiture of bond.

a.

Where a bond is required to obtain or renew a certificate of use, if the vacation rental property is cited for a violation of this section within 12 months of providing the bond, and that citation is later resolved adversely to the owner or responsible party, then the bond shall be deemed forfeited, and the certificate of use for that vacation rental shall be revoked and may not be reissued for 12 months.

b.

If there are no violations for 12 months after providing the security, the village shall release the bond upon written request from the responsible party. Until the responsible party obtains release, the bond shall continue to be subject to forfeiture for future violations.

(3)

Joint and several liability. The property owner of the vacation rental property shall be liable for any violations of this section, any rule or regulation promulgated under this section, or any order of the village made under this section. In addition, whenever two or more persons commit such a violation, each violator shall be jointly and severally liable for any fines or other damages assessed. This applies to situations where a property owner, responsible party, peer-to-peer or platform entity, or vacation occupant, or any combination thereof, are together responsible for a violation of this section. It is provided, however, that where a peer-to-peer or platform entity does not itself commit a violation of this section, it shall not be held jointly and severally liable, nor shall it be held vicariously liable for any violations committed solely by the responsible party or vacation occupants. In addition, where a peer-to-peer or platform entity complies with all provisions above, it shall not be held jointly and severally liable for providing a listing for or collecting a fee for listing any vacation rental.

(Ord. No. 2018-16, § 1, 11-5-2018; Ord. No. 2019-05, § 1, 5-6-2019; Ord. No. 2019-11, § 1, 6-17-2019; Ord. No. 2020-12, § 3, 9-23-2020)

Every building, every accessory structure used for nondwelling purposes, including but not limited to garages, carports, cabanas, storage buildings, and every fence shall comply with the following requirements:

(1)

Every foundation, exterior and interior wall, roof, floor, ceiling, window and exterior door shall be structurally sound and maintained in good repair.

(2)

Every accessory structure shall be kept in a reasonably clean and sanitary condition free from rodents, insects and vermin.

(3)

The roof of every accessory structure shall be well drained of rainwater.

(4)

All exterior surfaces subject to deterioration shall be properly maintained and protected from the elements by paint and other approved protective coating, applied in a workmanlike fashion.

(Ord. No. 07-31, § 1, 10-1-2007)

The village adopts and incorporates by reference Article II, of Chapter 17, Sections 17-1 through 17-34, of the Miami-Dade County Code relating to Miami-Dade County Minimum Housing Standards.

(Ord. No. 07-31, § 1, 10-1-2007)

(a)

No building or structure shall be moved from one lot or premises to another, unless such building or structure shall comply with this section.

(b)

The community development director is authorized to require any person applying to obtain a permit to move a building or structure from one lot or premises to another, to post a bond, either in cash or surety company bond, meeting with the approval of the director in a sum of $1,000,000.00, conditioned upon the applicant's compliance in all respects with the building and zoning codes pertaining to the area on which the building is to be moved.

(c)

A building shall not be moved on, across or along a public highway without a permit being obtained from the public works department. A building to be moved shall be routed over highways and bridges as directed by the public works director.

(Ord. No. 07-31, § 1, 10-1-2007)

No permits shall be issued for work that would violate any provision of this Code, the Florida Building Code, or any recorded restriction which runs with the subject property.

(Ord. No. 07-31, § 1, 10-1-2007)

(a)

No structure, other than a single family residence or duplex, shall be used or any existing use enlarged, or any new use made of any land, body of water, or structure, without first obtaining a certificate of use (CU) from the village. The CU shall be required for each individual business and each multi-family building located within the village.

(b)

In the event there is a question as to the legality of a use, the director may require inspections, affidavits and such other information he may deem appropriate or necessary to establish the legality of the use, before a CU will be issued. Additionally, the community development department shall have the right to periodically inspect premises at any reasonable time to ensure the existence of a current and valid CU, and to ensure compliance with the terms and conditions under which a CU was issued.

(c)

A CU for home-office or other use required by code or zoning resolution shall be renewed annually, except for CU's issued on a temporary basis. All other certificates of use shall remain valid for an unlimited time unless revoked for cause. The CU is only valid for the specific address, business name, corporate name and type of business for which it was issued and may not be transferred. A new CU shall be required for any changes in; use, name, ownership, expansion of square footage occupied, the inclusion of additional uses, or when changes to the structure have been approved by final building inspection. A CU shall not be utilized in a manner contrary to the regulations contained in this division.

(Ord. No. 07-31, § 1, 10-1-2007)

(a)

Intent. It is the intent and purpose of this section to regulate uses and activities in the village in a manner as to prevent excessive noises which degrade the quality of life, disturb the public peace, and jeopardize the health, safety and welfare of the citizens of Palmetto Bay. It is further the intent of this section to recognize that factors such as the time of day, location, necessity of public projects for the public good, and necessity of sounds incidental to allowed uses and activities must be considered in balancing the protection of public peace and individual freedoms.

(b)

Scope. The rules and regulations given in this section shall apply to the control of all sound originating within the geographical limits of the village. It shall be unlawful, except as expressly permitted in this section, to make, cause or allow the making of any noise or sound which exceeds the limits set forth.

(c)

Definitions. The following words, terms and phrases shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. All terminology used in this chapter not defined below shall be in conformance with applicable publications and standards of the American National Standards Institute (ANSI) or its successor body, the state and other applicable industry standards.

"A" weighted sound level shall mean a sound level as measured using the "A" weighting network with a sound level meter meeting the standards set forth in ANSI S1.4-1983 or its successors. The unit of reporting is Db(A). Sounds measured with the "A" weighting network approximate the response of human hearing when measuring sounds of low to moderate intensity.

Agricultural shall mean an area classified by the zoning code as in an AG, agricultural zoning district.

Ambient sound level shall mean the sound pressure level of the all encompassing noise associated with a given environment, being usually a composite of sounds from many sources, exclusive from the source under investigation. Ambient sound level is often referred to as neighborhood residual sound level or background sound level.

ANSI shall mean the American National Standards Institute.

"C" weighted sound level shall mean the sound level as measured using the "C" weighting network with a sound level meter meeting the standards set forth in ANSI S1.4-1983 or its successors. The unit of reporting is Db(C). The "C" weighting network is more sensitive to low frequencies than is the "A" weighting network.

Commercial shall mean an area classified by the zoning code as in B-1, B-2, R-5, downtown (excluding neighborhood sector), Old Cutler Neighborhood Commercial, or VMU zoning districts.

Continuous sound shall mean any sound with duration of more than one second which remains at a measurable value without interruption.

Decibel (dB) shall mean a unit for measuring the volume of sound; it is a logarithmic (dimensionless) unit of measure used in describing the amplitude of sound. Decibel is denoted as dB.

Emergency work shall mean any work performed for the purpose of preventing or alleviating physical trauma or property damage threatened or caused by an existing or imminent peril which demands immediate action.

Extraneous sound shall mean a sound that is transient in nature and is neither part of the ambient sound, nor comes from the sound source under investigation. Examples of extraneous sounds include automobile horns and brakes, air transport vehicles, people shouting and dogs barking.

Impulsive sound shall mean a sound of short duration, usually less than one second with an abrupt onset and rapid decay or single burst. Impulsive sounds are isolated events such as explosions and the discharge of firearms.

Institutional shall mean uses including but not limited to schools, houses of worship, hospitals and nursing homes.

Measurement standards shall mean the standards, instrumentation, personnel, measurement procedures, and reporting procedures to be used in the measurement of sound as provided for in this section consistent with accepted and sound principles of noise measurement in accord with the standards of the American National Standards Institute or its successor body, the state or other applicable industry standards; measurement standards shall be taken from the property line of a parcel or property within the village from where the noise is emanating and for a minimum of five minutes.

MicroPascal shall mean the international unit for pressure, analogous to pounds per square inch; one microPascal is one-millionth of a Pascal; the reference pressure used for airborne sound is 20 microPascals.

Noise control officer (NCO) shall mean the village manager, or person(s) designated by the village manager such as a code compliance or police officer.

Noise disturbance shall mean any sound which (a) endangers or injures the safety or health of humans or animals, (b) disturbs a reasonable person of normal sensitivities, or (c) endangers or injures personal or real property.

Noise sensitive zone shall mean an area where certain types of facilities whose operations may be detrimentally impacted by excessive sound levels are located. Noise sensitive facilities include but are not limited to schools, houses of worship, courts, hospitals, nursing homes, assisted living facilities, outpatient medical facilities and day care facilities.

Nuisance shall mean as follows: Any continued, unreasonably loud, excessive, unnecessary, or unusual noise. The following acts in section (e) below, among others, are declared to be unreasonably loud, excessive, unnecessary or unusual noises, but this enumeration shall not be deemed to be exclusive.

Person shall mean any individual, association, partnership or corporation and includes any officer, employee, department, agency or instrumentality of the United States, the state or any political subdivision thereof.

Plainly audible shall mean any sound that can be heard by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The noise control officer need not determine the title, specific words, or the artist performing the song.

Public facilities shall mean governmental uses including but not limited to parks, community centers, recreational centers, court facilities and other such public facilities in the PR districts.

Real property line shall mean an imaginary line along the surface and its vertical plane extension that separates one parcel of real property owned, rented, or leased by one person from that owned, rented, or leased by another person.

Residential shall mean an area classified by the zoning code as in R-1, R-2, R-1M, R-TH, R-3, R-3M, R-4L, R-4H, E-M, E-S, E-1, E-1C, E-2, or neighborhood sector of downtown zoning district.

Sound level shall mean the reading in decibels of a weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-1983, or the latest approved version thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.

Sound level meter shall mean an instrument that is used to measure sound pressure levels and conforms to ANSI S1.4-1983 or its successors and shall be taken from the property line of a parcel or property within the village from where the noise is emanating.

Sound pressure level (SPL) shall mean ten times the logarithm to the base ten of the ratio of the time-mean-square pressure of a sound of the reference pressure of 20 microPascals (in air) with the units of decibels.

Steady pure tone shall mean any sound which can be distinctly heard as a single pitch or a set of pitches.

Total sound level shall mean that measured level which represents the summation of the sounds from the sound source under investigation and the ambient sounds which affect a given place at a given time, exclusive of extraneous sound sources and shall be taken from the property line of a parcel or property within the village from where the noise is emanating.

Village recognized holidays shall mean New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving Day and Christmas Day, or any other holiday recognized by village council through resolution or ordinance.

(d)

Maximum permissible sound.

(1)

Continuous sound.

a.

No person shall cause, suffer, allow, or permit the operation of any source of sound in such a manner as to create a sound level that exceeds the sound level limits listed in Table 1 when measured at, or across the real property line of the emitting property within a land use designation. Sound pressure levels in excess of those established in Table 1 would constitute a noise disturbance and be in violation of this Code.

Table 1
Permissible Sound Level Limits (dBA)
By Emitting Property Category

b.

These limits may not be exceeded by any single incident representing the normal, usual operation of the sound source, during any three sampling intervals, the duration of which shall be no less than one-half minute, within any one-hour period.

(2)

Impulsive sound.

a.

Between the hours of 7:00 a.m. and 11:00 p.m., impulsive sounds which occur less than ten times in an hour shall not equal or exceed ten decibels above the permissible sound level limits in Table 1. Impulsive sound that repeats ten or more times in any hour shall not exceed the permissible sound level limits in Table 1.

b.

Between the hours of 11:00 p.m. and 7:00 a.m., impulsive sounds which occur less than four times in an hour shall not equal or exceed ten decibels above the permissible sound level limits in Table 1. Impulsive sound that repeats four or more times in any hour shall not exceed the permissible sound level limits in Table 1.

(3)

Steady pure tones. If the sound source under investigation is a mechanical device, and is in the investigating officer's opinion emitting a sound with a steady tonal quality, the permissible sound level limits in Table 1 shall be reduced by ten dBA. The sound emissions must be comprised of a single frequency or a narrow cluster of frequencies, which may be referred to as a whine, hum or buzz. The measured sound levels of such a source must not fluctuate by more than plus or minus three dB. Such sound sources include, but are not limited to, heating, ventilating or air-conditioning units, refrigeration units and transformers.

(4)

Fixed amplified sound reproduction devices. If the source of sound is an amplified sound reproduction device on private property, and the complainant states that the rhythmic bass component of the music is disturbing within their dwelling, then the NCO may take sound level measurements within the dwelling of the complainant. No person shall cause, suffer, allow or permit the operation of any amplified source of sound in such a manner that it raises the total sound levels by the permissible sound level limits set forth in Table 1 when measured within the residence of a complainant. These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response. Such measurements shall not be taken in areas that receive only casual use, such as hallways, closets and bathrooms. For the purposes of these measurements, the ambient sound level is that sound level which is measured in the residence when the sound source under investigation is not prominent, or in a room on the same floor that is relatively unaffected by the sound source under investigation. The "C" scale is more sensitive to low frequency sound levels that the "A" scale; an increase of three dB is perceived by humans as being plainly audible, an increase of five dB is plainly louder, and an increase of ten dB is perceived as being twice as loud.

(5)

Mobile amplified sound reproduction devices.

a.

Personal or commercial vehicular music amplification equipment shall not be operated in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 7:00 a.m. and 11:00 p.m.

b.

Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at a distance of 25 feet between the hours of 11:00 p.m. and 7:00 a.m.

c.

Self-contained, portable, hand-held music or sound amplification or reproduction equipment shall not be operated on a public space or public right-of-way in such a manner as to be plainly audible to a distance of 50 feet in any direction from the operator between the hours of 7:00 a.m. and 11:00 p.m. Between the hours of 11:00 p.m. and 7:00 a.m., sound from such equipment shall not be plainly audible by any person other than the operator.

(e)

Specific prohibitions against different types of noises. In addition to the general prohibitions set out above and the maximum permissible sound levels set out in Table 1, and unless otherwise exempted by this article or by act of the village, the following specific acts, or the causing or permitting thereof, are hereby declared to be in violation of this section:

(1)

Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, audio player (compact disk, cassette, computer), drum, musical instrument or similar device which produces or reproduces sound:

a.

Between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to create excessive and unnecessary noise across a residential real property line or within a noise-sensitive area.

b.

In such a manner as to exceed the levels set forth for the respective property designations set forth in Table 1.

c.

As to create a noise disturbance.

(2)

Reserved.

(3)

Street sales. Offering for sale, selling anything or advertising by shouting or outcry within any residential or commercial area or noise-sensitive zone of the village except by special permit issued by the village.

(4)

Loading, unloading, opening boxes. Creating loud and excessive noise to amount to noise disturbance in a residential area in connection with loading or unloading any vehicle with the opening and destruction of bails, boxes, crates, and containers between the hours of 11:00 p.m. and 7:00 a.m.

(5)

Animals. Owning, possessing or harboring any animal or bird which, frequently or for continued duration, howls, barks, meows, squawks, or makes other sounds which create excessive and unnecessary noise across a residential or commercial real property line or within a noise-sensitive zone, excluding public zoos or private animal attractions operated for profit to which the public has general admission and that are regulated by the village. For the purposes of this regulation, "domestic animal" is included as a domestic animal that barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a period of 20 minutes or barks intermittently for one hour or more to the disturbance of any person at any time of day or night regardless of whether the domestic animal is physically situated in or upon private property; however, a domestic animal shall not be deemed a "domestic animal" for the purposes of this regulation if, (i) at the time the animal is barking or making any other noise, a person is trespassing or threatening to trespass upon private property in or upon which the animal is situated or for any other legitimate cause which teased or provoked the animal, or (ii) if the animal is placed within the single family home, including the garage.

(6)

Construction and demolition. Operating or causing the operation of any tools used in construction, drilling, repair, alteration or demolition work between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between 5:00 p.m and 9:00 a.m on Saturdays or on Sundays or village recognized holidays, except for emergency work by public service utilities or by special permit approved by the village. This section shall not apply to the use of domestic power tools as specified in subsection (12).

(7)

Refuse operators. The collection of garbage, trash or recyclables by any refuse operator between the hours of 7:00 p.m. and 7:00 a.m.

(8)

Powered model vehicles or model airplanes. Operating or permitting the operation of powered model vehicles:

a.

Between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 9:00 a.m. on weekends or village recognized holidays in or within 100 feet of any residential area or noise-sensitive zone.

b.

In such a manner as to exceed the levels set for public space land se, measured at a distance of not closer than 100 feet from any point on the path of a vehicle operating on a public space of public right-of-way.

(9)

Emergency signaling devices. The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, fire, whistle or similar stationary emergency signaling device, except for emergency, shall not occur before 7:00 a.m. or after 7:00 p.m., and any testing shall use the minimum cycle test time appropriate for such devices, in no case to exceed 60 seconds. Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur for more than once in each calendar month unless additional testing is permitted by special permit. Such testing shall occur only on weekdays and not before 7:00 a.m. or after 11:00 p.m. and shall be exempt from the time limit specified herein. The sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, unless such alarm is automatically terminated within 15 minutes of activation, shall be prohibited.

(10)

Motorboats. Operating or permitting the operation of any motorboat in any lake, river, stream, canal, bay or other waterway in such a manner as to cause unnecessary and excessive noise within a residential area or noise-sensitive zone, or to exceed 85 dBA when measured at least 50 feet from the watercraft (single incident, any mode of operation).

(11)

Noise-sensitive zones.

a.

Creating or causing any excessive and unnecessary noise within or adjacent to any noise-sensitive zone provided that conspicuous signs are displayed indicating the presence of the noise-sensitive zone.

b.

Creating or causing any sound within any noise-sensitive zone so as to exceed the decibel levels set forth in Table I for a noise-sensitive zone when measured at a distance of at least 25 feet from the sound source, provided that conspicuous signs are displayed indicating the presence of the noise-sensitive zone.

(12)

Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, grinder, lawn or garden tool, or similar tool between 9:00 p.m. or sunset, whichever is earlier, and 7:00 a.m. the following day on weekdays, or 9:00 p.m. or sunset, whichever is earlier, and 9:00 a.m. on weekends and village recognized holidays, unless such equipment is operated inside a building or other structure so that the sound does not travel across any residential real property line or noise-sensitive zone and does not exceed the levels set forth in Table 1. All such equipment shall be properly muffled and maintained in working order so as not to create excessive and unnecessary noise.

(13)

Multi-family dwellings. Operating or permitting the operation within a multi-family dwelling of any source of sound in a manner so as to exceed 55 dBA from 7:00 a.m. to 11:00 p.m. when measured within an adjacent intra-building dwelling. The maximum permissible sound level, when measured in an adjacent intra-building area between 11:00 p.m. and 7:00 a.m. on weekdays and 11:00 p.m. and 9:00 a.m. on weekends and village recognized holidays shall be 50 dBA.

(14)

Recreational motorized vehicles operating off public right-of-way. No person shall operate or cause to be operated any recreational motorized vehicle, motorcycle, moped, dune buggy or any other type of motorized vehicle that exceeds the limits set forth in Table 1 off the public right-of-way in any residential or noise-sensitive zone. This section shall apply to all motorized vehicles noted above, whether or not duly licensed and registered.

(15)

Idling vehicles. It shall be unlawful to park a bus, truck, or other motor vehicle having a gross vehicle weight of 11,000 pounds or greater and allowing the engine on such vehicle to run while such vehicle is parked on public or private property within the village limits unless such vehicle is parked for the purpose of making pickups or deliveries at that site, or if the vehicle is on public property, at a site nearby. This section shall also not apply to a vehicle regulated under this section that is parked on the premises of a licensed repair shop for the purpose of making repairs to such vehicle. Under no circumstances shall any vehicle regulated by this section be allowed to idle or run the engine for more than 45 minutes while parked at each location.

(16)

Fans and air conditioners. It shall be deemed unlawful to create any excessive loud noise by the use or operation of any noise-creating air conditioner, compressor unit, power fan or blower or the electric motor or any engine used to drive such device, the operation of which causes the sound level to exceed 65 dBA. Such noise shall be muffled and deadened by adequate noise suppression and muffling devices to eliminate annoyance and disturbance to persons within the range of hearing.

(17)

Generators. Emergency generators installed in all residential districts shall be exempt from the sound levels set forth in Table 1 when operated during power outages. Generators in all residential districts may be operated for testing purposes one time for a period not to exceed 30 minutes in any seven-day period. Testing of generators in all residential districts is permitted between the hours of 11:00 a.m. through 5:00 p.m., Monday through Sunday.

(f)

Method of sound level measurement. Sound level measurement shall be made with a sound level meter using the A-weighting scale, in accordance with standards promulgated by American National Standards Institute or other reasonable standards adopted by the village or the state.

(g)

Exempt noises. The following are exempt from the provisions of subsection 30-60.29(d) of this division:

(1)

Noises from lawn mowers and agricultural equipment during daylight hours (7:00 a.m. to 9:00 p.m., or sunset, whichever is earlier) when operated with all the manufacturers' standard mufflers and noise-reducing equipment in use and in proper operating condition.

(2)

Nonamplified crowd noises resulting from the activities such as those planned by student, governmental or community groups, such as parades or sports events.

(3)

Noises from construction operations for which building permits have been issued or construction operations not requiring permits due to ownership of the project by any agency of government; providing all equipment is operated in accord with the manufacturer's specifications and with all standard equipment, manufacturer's mufflers and noise-reducing equipment in use and in proper operating condition. Such construction shall not begin prior to 7:00 a.m. and shall cease by 6:00 p.m. on weekdays; shall not begin prior to 9:00 a.m. and shall cease by 5:00 p.m. on Saturdays; and shall not occur on Sundays and village recognized holidays unless the noise control officer grants a special permit.

(4)

Noises of safety signals, warning devices, emergency pressure relief valves, and bells and chimes of churches, except noise relating to operation of trains.

(5)

Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency.

(6)

Noises resulting from activities of a temporary duration permitted by law and for which a license or permit therefore has been granted by the village in accordance with the above. Regulation of noises emanating from operations under permit shall be according to the conditions and limits stated on the permit and contained above.

(7)

Noises made by persons having obtained a permit to use the streets.

(8)

Noises from the normal operations of aircraft (not including model aircraft).

(9)

Noises, including but not limited to noise from operation of trains, of which regulation is preempted by the Federal government, but only to the extent of such Federal preemption.

(10)

Noises from the un-amplified human voice.

(11)

Noises from routine maintenance of public service facilities.

(12)

Noises resulting from New Year's Eve celebrations, which celebrations may continue until 1:00 a.m. New Year's Day.

(h)

Special permits to exceed noise levels. Application for a permit for relief from the maximum noise level limits designated in this article may be made in writing to the village manager. Any permit granted by the village manager hereunder must be in writing and shall contain all conditions upon which the permit is granted. The village manager may grant the applied-for special permit only as follows:

(1)

Conditions. The village manager may prescribe any reasonable conditions or requirements he deems necessary to minimize adverse effects upon the community or the surrounding neighborhood, including use of mufflers, screens or other sound-attenuating devices.

(2)

Permits for entertainment. Permits may be granted for the purpose of entertainment under the following conditions:

a.

The function must be open to the public.

b.

The function must take place on public property.

c.

The permit will be given for only eight hours in one 24-hour day.

d.

The function must be staged between the hours of 9:00 a.m. and 12:00 a.m.

(3)

Other special permits. Other special permits for nonentertainment special purposes may be issued under the following conditions:

a.

If the special purpose relates to the operation of a trade or business, the special purpose must not be in the ordinary course of that trade or business and must be necessary to the operation of the trade or business.

b.

If the special purpose does not relate to the operation of a trade or business, the special purpose must not be an ordinary event in the affairs of the applicant and must be compatible with the ordinary activities within the neighborhood in which the special purpose is proposed to occur.

c.

If the special purpose is a recurring one, it must not recur more than four times each calendar year.

d.

Except in emergency situations, as determined by the village manager, the special permit may be issued for eight hours (between 7:00 a.m. and 12:00 a.m.) only.

e.

Special permits may be issued for no longer than 15 consecutive days, renewable by further application to the village manager.

(4)

Loudspeakers. No permit may be issued to permit the use of any loudspeaker or sound-amplifying device on the exterior of any building that at any time exceeds the sound level limits in Table 1 except those used for emergency warnings.

(i)

Enforcement responsibility. Violations shall be written, and fines levied to the maximum amount allowed by the Village Code. Warnings should be limited to no more than one per instance. Nothing herein shall limit all legal and equitable remedies of the village.

(j)

Penalties.

(1)

Notice of civil infraction. Upon a determination by the NCO that a source of noise is being conducted in violation of this article, the NCO shall issue a notice of civil infraction directing the operator or operators thereof to cease and desist such operations until the violation is corrected. Such notice of civil infraction shall be served by personal delivery to the source of noise or by deposit in the U.S. mail by registered or certified mail addressed to the operator of the noise facility at the location thereof. If such notice of civil infraction is delivered personally, a copy of the notice of civil infraction shall be posted on the property concerned. If any operator shall fail to comply with a valid, duly served notice of civil infraction, he shall be guilty of an offense and punished as heretofore provided. Each day's continuing violation shall constitute a separate and distinct offense.

(2)

Any person receiving a notice of civil infraction may appeal such order to the NCO by serving a request for hearing upon the NCO within 20 calendar days of receipt of such order. Such notice may be served by deposit in the U.S. mail by registered or certified mail addressed to the NCO. Upon receipt of a request for hearing, the NCO shall grant a hearing to the appellant at the earliest possible date. At such hearing, the appellant is entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter as provided for under the Village's Special Master System of Village of Palmetto Bay Code of Ordinances.

(3)

Civil proceedings. Upon determination by the NCO that a source of noise is being conducted in violation of this article or a notice of civil infraction issued by the NCO, in addition to other remedies provided in such sections and in the laws of the State of Florida, the NCO may, upon authorization by the special master, institute any appropriate action or proceedings to restrain, correct or abate such violations or otherwise prevent the unlawful use of such noise operation or the unlawful operation of such facility by any person, as provided for in this section.

(Ord. No. 07-31, § 1, 10-1-2007; Ord. No. 08-05, § 1, 3-3-2008; Ord. No. 2012-26, § 1, 11-5-2012; Ord. No. 2019-23, § 1, 12-2-2019; Ord. No. 2021-14, § 1, 9-13-2021; Ord. No. 2023-15, § 2, 7-17-2023)

(a)

Purpose. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, these regulations and requirements are necessary in order to:

(1)

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

(2)

Minimize adverse visual impacts and effects of communication towers and antennas through careful design, landscaping, screening and innovative techniques of camouflage, siting standards, structural integrity, and compatibility.

(3)

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

(4)

Facilitate the provision of wireless telecommunication services to the residents and businesses of the village.

(5)

Maximize the protection of the citizenry from the hazards of falling debris or equipment as a result of destruction by storm or wind or other natural occurrences.

(6)

Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements.

(7)

Protect residentially zoned areas and land uses from potential adverse impacts of wireless telecommunication towers.

(8)

Minimize the visual impact of new towers and antennas by encouraging their location in currently visually impacted areas.

(9)

Maximize the use of village-owned property, existing and approved towers, buildings and structures, conforming and nonconforming, to accommodate new wireless telecommunications antennas in order to accommodate new wireless telecommunications antennas in order to reduce the number of towers needed to serve the community.

(10)

Maximize the opportunity for, and use of, collocation of new commercial wireless telecommunication towers.

(11)

Expedite the removal of abandoned, unused, and unsafe commercial wireless telecommunication towers and antennas, and to provide a source of funds for such removal.

(12)

Consider and protect the health, safety, and welfare of the citizens of the Village of Palmetto Bay by regulating the siting of wireless communication facilities.

(13)

Protect and preserve the distinctive and unique natural features of the village which are in part the result of the village's location along Biscayne Bay, and being part of a predominantly agrarian farming, grove community.

(14)

Protect and preserve delicate ecosystems and habitats for native trees, plants, vegetation, wildlife, marine life and other environmentally sensitive areas from potential adverse impacts from the placement of towers and antennas.

(15)

Accommodate the growing need and demand for wireless communication services.

(16)

Ensure compatibility with the comprehensive plan and other applicable regulations while promoting orderly development of the town with minimal impacts on existing uses.

(17)

Respond to the policies set forth in the Telecommunication Act of 1996 in such a manner as not to unreasonably discriminate between providers of personal wireless services, or to prohibit or have the effect of prohibiting personal wireless services.

(18)

Protect the character of the village while meeting the needs of its citizens to enjoy the benefits of wireless communication services.

(b)

Definitions.

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, parabolic antennas, such as microwave dish antennas, and omni-directional antennas, such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations.

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

Backhaul network as used herein shall mean the lines that connect personal wireless service facilities to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

Base station as used herein shall mean the electronic equipment utilized by the wireless providers for the transmission and reception of radio signals.

Building official as used herein shall mean the person designated by the village manager as the director of the building department.

Camouflaged facility as used herein shall mean a facility that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure in a manner that makes it not readily identifiable as a personal wireless services facility. A camouflaged facility may or may not have a secondary function (e.g., bell tower, spire, flag pole, etc.). This term shall be synonymous with "stealth facility."

Collocated personal wireless service facility or collocated facility as used herein shall mean the placement of a new personal wireless service facility on an existing tower, existing building or other single support structure.

Combined antenna as used herein shall mean an antenna or antenna array designed and utilized to provide services for more than one wireless provider for the same or similar type of services.

Communication tower or tower as used herein shall mean a monopole, 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.

Development area as used herein shall mean the area occupied by a wireless communications facility including areas inside or under the following: an antenna-support structure's framework, equipment cabinets, ancillary structure(s) and access ways.

Effective radiated power as used herein shall mean the product of the power supplied to the antenna and its gain relative to one-half-wave dipole in a given direction.

Essential service as used herein shall mean those services provided by the village and other governmental entities that directly relate to the health and safety of its residents including fire, police and rescue.

FAA as used herein shall mean the Federal Aviation Administration.

FCC as used herein shall mean the Federal Communications Commission.

Geographic search area as used herein shall mean that initial circular area which has a radius of no less than one mile designated by a wireless provider or operator for a new tower. The geographic search area shall be determined based upon engineering considerations including grids, frequency coordination and levels of service consistent with good engineering practices.

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

Lattice tower as used herein shall mean a tapered style of antenna support structure that consists of vertical and horizontal supports with multiple legs and cross-bracing, and metal crossed strips or bars to support antennas.

Master telecommunications plan as used herein shall mean a plan developed to enforce applicable development standards, state statues, and federal regulations related to the deployment of wireless communication infrastructure.

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

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

Personal wireless service facility or facility as used herein shall mean a facility for the provision of personal wireless services including without limitation cables, wires, lines, wave guilds, antennas, towers, other supporting structures, associated structures and any other equipment that is used or associated with the provision of personal wireless services. The term personal wireless service facility shall specifically exclude amateur radio transmitting towers and broadcasting (radio and television) facilities including without limitation high definition television facilities. An open video system is not a personal wireless service facility to the extent that it provides only video services. A cable system is not a personal wireless service facility to the extent that it provides only cable service.

Personal wireless services as used herein shall mean commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. Personal wireless services shall not be considered as essential services, public utilities or private utilities.

Planning and zoning director as used herein shall mean the person designated by the village manager to manage the operations of the planning and zoning department.

Public safety communication facilities and equipment as used herein shall mean all communication facilities and equipment utilized by a public entity for ensuring the safety of the citizens of Palmetto Bay.

Protected residential area as used herein shall mean single family neighborhoods that lack adequate development area to accommodate the construction of a wireless communication facility and ancillary structure and access ways as required by this division and federal and state regulations, and is an area representing predominantly single family and duplex homesteads to be protected from commercial infringement and maintain a compatible character of a suburban nature without unnecessary aesthetic damage.

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

Stealth facility as used herein shall mean a facility that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure in a manner that makes it not readily identifiable as a personal wireless services facility. A stealth facility may or may not have a secondary function (e.g., bell tower, spire, flag pole, etc.). This term shall be synonymous with "camouflaged facility."

Telecommunication as used herein shall mean the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

Telecommunication antenna as used herein shall mean the physical device through which electromagnetic, wireless telecommunications signals authorized by the FCC are transmitted or received.

Telecommunications equipment shelter as used herein shall mean the structure in which the electronic receiving and relay equipment for a wireless telecommunication facility is housed.

Telecommunications facility shall mean any facility that is used to provide one or more telecommunication services, including, without limitation, radio transmitting telecommunication towers, other supporting structures, and associated facilities used to transmit telecommunication signal. An open video system is not a telecommunication facility to the extent that it provides only video services; a cable system is not a telecommunications facility to the extent that it provides only cable service. Also, telecommunication facilities include any antenna or broadcast equipment located outdoors, which is used for telecommunications and not otherwise defined as a dish antenna.

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

(c)

Applicability. The following regulations shall apply to telecommunication facilities, new personal wireless service facilities and communication tower uses. It shall not govern any facility owned and operated by a federally-licensed amateur radio station operator, or one used exclusively for receive-only antennas. Personal wireless service facilities shall not be regulated or permitted as an essential service, public utility, or private utility. The village may suspend the applicability of any particular regulation if such regulation has the effect of prohibiting the provision of personal wireless services in an area of the village. Existing sites may be used for collocation purposes and reviewed administratively by the planning and zoning director and building official, provided the camouflage requirements of this division are met. An administrative denial may be appealed to the village council as provided herein. Any new commercial wireless telecommunication facilities, including towers supporting commercial antennas shall be reviewed and approved by the village council, during a public hearing based upon the criteria established below.

(d)

Siting preferences.

(1)

All new commercial wireless telecommunication facilities, including towers supporting commercial antennas, shall conform to, and be reviewed in connection with the following village siting preferences (listed in descending order of preference) after a conditional use hearing. Applicants shall demonstrate to the satisfaction of the village council that these preferences have been evaluated and adhered to in their proposed site selection. The following provisions and standards shall apply to the placement of new cellular facilities and ancillary equipment unless the application is exempt pursuant to the requirements set forth in subsection (q) below. The village may require opinions from qualified licensed professional engineers or other learned professionals or experts when evaluating siting preferences. The outside expertise required by the village to approve the application shall be paid for by the applicant.

a.

Class I. Camouflaged antennas located on village-owned buildings, and structures. The applicant must demonstrate that there are no suitable village-owned buildings or structures, within the appropriate search radius as identified at subsection (g)(1) below, which would accommodate the facility without unreasonably compromising the facility's signal reception or transmitting capability or unreasonably compromising the communication provider system's capability, as provided in subsection (g)(1) below.

b.

Class II. If a facility cannot be located on candidate sites within site preference Class I above, without unreasonably compromising the communication provider system's signal reception or transmitting capability or unreasonably compromise the communication provider's system capabilities, nor local emergency communication capabilities, the village will next consider sites for camouflaged antennas located on village-owned property, provided they meet the appropriate search radius required by this section.

c.

Class III. If a facility cannot be located on candidate sites with site preference Class I or II above, without unreasonably compromising the communication provider system's signal reception or transmitting capability or unreasonably compromise the communication provider's system capabilities, nor local emergency communication capabilities, the village will next consider sites for camouflaged towers located on other public governmental buildings (including county, state, or federal buildings, excluding public schools) or properties.

d.

Class IV. If a facility cannot be located on candidate sites within site preference Class I, II, or III, above, without unreasonably compromising the communication provider system's signal reception or transmitting capability or unreasonably compromise the communication provider's system capabilities, nor local emergency communication capabilities, the village will next consider sites for camouflaged towers located public or private school buildings, houses of worship, or hospital structures.

e.

Class V. If a facility cannot be located on candidate sites within site preference Class I, II, III, or IV above, without unreasonably compromising the communication provider system's signal reception or transmitting capability or unreasonably compromise the communication provider's system capabilities, nor local emergency communication capabilities, the village will next consider sites for camouflaged towers located on commercial buildings located within commercial districts, specially along the U.S. 1 Corridor, at least 300 feet from residential zoning districts.

f.

Class VI. If a facility cannot be located on candidate sites within site preference Class, I, II, III, IV or above, without unreasonably compromising the communication provider system's signal reception or transmitting capability or unreasonably compromise the communication provider's system capabilities, nor local emergency communication capabilities, the village will next consider sites for camouflaged towers located on residential properties as provided under subsection (e)(5), below.

(e)

Emplacement restriction standards. All proposed towers shall conform with the following emplacement restriction standards, in addition to the restricted areas established by this division:

(1)

No tower shall be placed in traffic circles or calming devices.

(2)

No tower shall be placed on mangrove areas.

(3)

No tower shall be placed on waterfront property.

(4)

No tower shall be placed in a conservation/environmentally protected areas.

(5)

No tower shall be placed on or adjacent to protected residential property which is otherwise eligible in accordance with subsection (k)(3) below, if such eligible area is four acres or less in size.

(f)

Exception to protected residential areas not complying with Class I—IV. The following towers shall be the only camouflaged towers allowed in protected residential property areas:

(1)

Towers supporting amateur radio antennas and conforming to all applicable provisions of this Code shall be allowed only in the buildable area of zoning lots to the side or rear of the principal structure.

(2)

Towers supporting multi-channel multi-point distribution service (MMDS) antennas and direct broadcast satellite service (DBS) antennas when the antennas are no larger than one meter in diameter or diagonal measurement, and television broadcast receiving antennas. Such towers shall conform to all applicable provisions of this Code and shall be allowed only in the buildable area of zoning lots to the side or rear of the principal structure.

(g)

Additional submittal requirements. In addition to the information required elsewhere in this Code, development applications for towers shall include the following supplemental information, which will be presented to the village:

(1)

A report from a qualified licensed professional engineer which:

a.

Describes the tower height and design including a cross section and elevation;

b.

Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;

c.

Describes the tower's capacity, including the number and types of antennas that it can accommodate;

d.

Documents what steps the applicant has taken, or will take, to avoid interference and obstruction with established or proposed public safety telecommunication facilities;

e.

Documents that the tower and/or antennas have been designed to withstand sustained wind speeds of 110 miles per hour, or the requirements of the Florida Building Code, as amended, whichever is greater;

f.

An analysis and/or other data and/or documentation that certifies that in the event of a catastrophic failure, fall, or collapse of the tower, said tower would fall or collapse within the collapse zone of the proposed tower;

g.

Includes a qualified licensed professional engineer's signature, seal and registration number; and

h.

Includes other information necessary to evaluate the request.

(2)

For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for collocation.

(3)

Balloon test. As part of an application the applicant shall submit documentation of having conducted a balloon test, together with a visual impact analysis of the test. The purpose of this test is to assist the village in determining the aesthetic impact of a tower and its antenna(s) with respect to height and closeness of a tower in proximity to nearby residential uses and zoning. Proximity to residential uses shall mean either located within a residential zoning district or a location within a commercial or mixed use zoning district that is within 300 feet of a residential zoning district.

a.

Such test shall consist of the flying of a balloon, which is the same color as the proposed tower and a minimum of four feet in diameter, anchored to the ground so the balloon flies at the same height and location as the proposed tower. The balloon shall be flown continuously each day between 8:00 a.m. and 11:00 a.m. for three consecutive days. Such test shall comply with all FAA and emergency medical service helicopter service rules, regulations, and notification requirements.

b.

Such test shall be conducted prior to either the required neighborhood workshop or the public hearing, which ever occurs earlier. Notice of such test shall be provided by both the applicant and the village as outlined in the zoning code. Each notice shall include a statement of what specific days and hours the balloon will be flown and alternative dates and hours in the event of inclement weather.

c.

The applicant shall provide documentation of the balloon test to the village. The documentation shall include photographic and/or video evidence depicting the balloon and its relationship and proximity to the neighboring properties, buildings and uses. The photographs/video may be accompanied by a corresponding written visual impact analysis and any other bona fide documentation or evidence the applicant feels may assist the village in determining visual impact. This information shall be submitted to the planning and zoning department ten business days after the testing, and would be for public inspection at the department during business hours.

(4)

Aesthetic effects, devices and techniques. The purpose of this subsection is to assist the village, in determining whether or not a proposed tower is camouflaged and/or concealed appropriately in a given area. The applicant shall submit the following documentation:

a.

Colorized pictorial representation, artist rendering, or similar representation drawn to scale;

b.

Design specifications of the various proposed techniques (if drawings, plans and/or other graphic representations are included, they shall be drawn to scale); and

c.

A corresponding statement explaining what the nature and character of the area is within which the tower is proposed with respect to land use, surrounding environment, building heights and design, and how the proposed camouflaging and/or concealment agent(s) will blend in and harmonize with the nature and character of the area.

(h)

Collocation requirements. All commercial wireless telecommunication towers erected, constructed, or located within the village shall comply with the following requirements:

(1)

A proposed new commercial telecommunication service tower shall not be approved by the village unless the applicant demonstrates that the telecommunication equipments planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one mile search radius for towers greater than 119 feet in height, one-half mile search radius for towers under 119 feet in height but greater than 80 feet in height, and one-quarter mile search radius for towers less than 80 feet in height, due to one or more of the following reasons:

a.

The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate the planned equipment at a reasonable cost.

b.

The planned equipment would cause interference or obstruction materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified licensed professional engineer, and the interference cannot be prevented at a reasonable cost.

c.

Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified licensed professional engineer.

d.

Other reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building as documented by a qualified licensed professional engineer.

e.

Verifiable evidence from the applicant of the lack of space on existing towers, building or other structures to locate the proposed antenna within the appropriate search radius as identified in subsection (h)(1) above, or the siting preferences identified in subsection (d), above, shall be supplied at the time of application for a new tower.

(2)

Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all other respects, to accommodate antenna arrays as follows:

Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

(3)

In order to provide the maximum opportunity for other providers to collocate on a new tower, the applicant shall provide notice to all other potential wireless telecommunication users of the new tower, offering an opportunity for collocation. If another potential user requests collocation in writing to the village, the request shall be accommodated, unless it can be documented as outlined in subsection (h)(1) above that collocation is not possible.

(4)

Collocation map. In order to encourage collocation of facilities, the village shall maintain a map of all existing towers on which an antenna has been located. To prepare and maintain such a map, at the time of its first application after the effective date of this section, each applicant for a tower and or antenna shall provide the village with an inventory of all the applicant's existing towers and antennas that are located in the village and within one mile outside the village limits. The inventory shall specify the location, type and design of each tower, the ability of the tower to accommodate additional antenna, and, where applicable the height of the support structures on which the applicant's existing antennas are located. This information shall be available for public use in encouraging the collocation of antenna on existing tower facilities. By requiring and using this information, the village is in no way representing or approving such sites as available or suitable.

(5)

Minimum distance separations.

a.

All communication towers shall be located no closer than 100 percent of the height of the tower from residential structures, as measured on a straight line from the two closest points between the nearest residential structure 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:

(i)

Public hearing standards before the village council criteria for review of wireless telecommunication towers. The intent of this subsection is to address and balance the residents concerns regarding the construction of wireless telecommunication towers in their community. These concerns may include, but are not limited, to safety, aesthetic, and compatibility conflicts when these facilities are located in close proximity to residential uses and the recognized need of the services the wireless telecommunication towers provide to the public. These issues shall be reviewed, based on the adopted standards, on a case-by-case basis for each request. The village council shall consider and weigh the aesthetic impact and compatibility issues with the public benefit derived from having efficient and reliable wireless telecommunications systems when determining whether or not to approve the application. Additionally, the village council and planning and zoning departments shall adhere to all FCC requirements and guidelines, as enacted or amended, from time to time.

(1)

In addition to general review criteria, in order to be approved, towers and antennas shall be designed, as determined by the village, to blend into the surrounding environment through the use of color, texture, and/or camouflaging architectural treatment, or by reason of existing conditions, to minimize its visual intrusiveness and negative aesthetic impact. When considering approval of an application the village shall review such application with consideration of the following factors:

a.

Whether the tower will be readily visible.

b.

Whether the proposed facility/tower will, as determined by the village, unreasonably interfere with the view from any public park, historic building or district, or scenic road corridor.

c.

Type of tower, the shape and width of the facility relative to its height, and the color, texture, and reflectivity of materials, with neutral colors and nonreflective materials being given preference, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

d.

Type of antennas proposed for the tower, with narrow profile antenna arrays being given preference, if feasible.

e.

Nature of uses on adjacent and nearby properties and the relationship of the proposed facility to the character and scale of surrounding structures and uses, with preference being given to sites adjacent to nonresidential uses.

f.

On-site and surrounding tree coverage and foliage.

g.

The effectiveness of the use of screening and concealment devices and techniques, including but not limited to the use of structural camouflaging, buffer walls, opaque fencing and landscaping.

(j)

Tower and antenna design and construction requirements. New or replacement towers and antennas shall meet the following design and construction requirements:

(1)

The base of the tower, anchors, and any accessory facility or building shall be substantially screened from view from public streets and adjoining and nearby protected residential properties with a combination of evergreen and deciduous trees and shrubs, except when the village council determines a design of nonvegetated screening better reflects and complements the architectural character of the surrounding neighborhood. The use of all types of barbed wire, razor wire, and similar items is prohibited. No types of chain link fencing shall be used as buffering or screening material. Additionally, the following minimum landscaping shall be required:

a.

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.

b.

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 of the fence and tree line.

c.

All landscaping shall be properly maintained to insure good health and viability.

d.

In locations where the impact of the personal wireless service facility would be minimal, the planning and zoning director may waive or reduce the landscaping requirements.

e.

The provider shall provide a maintenance agreement providing for perpetual maintenance of the landscaping during the existence of the telecommunication site, and provide a performance bond to ensure same, should provide declare bankruptcy and/or fail to maintain the landscaping.

(2)

All ground-mounted commercial wireless telecommunication service towers shall be of a monopole design unless the village determines that an alternative design would better blend in to the particular surrounding environment.

(3)

With the exception of necessary electric and telephone service and connection lines approved by the village, no part of any tower, anchoring devices, or guys, equipment or wires or braces in connection with either shall at any time project across or over any part of a public right-of-way, public street, highway, sidewalk, easement unless agreed to by the easement holder, or property line.

(4)

Every tower affixed to the ground shall be designed to discourage climbing of the tower by unauthorized persons.

(5)

Only one tower shall exist at any one time on any individual protected residential property as defined in this article.

(6)

All ground-mounted commercial wireless telecommunication towers shall be located to create a collapse zone equal to one-fourth of the tower's height. Such collapse zone shall be free of all buildings, except for those associated with the commercial wireless telecommunication facility and those located on the zoning lot the tower is proposed to be located on.

(k)

Tower setbacks. All towers shall conform with the following minimum setback requirements:

(1)

Towers shall meet the setbacks of the underlying zoning district.

(2)

New towers shall be setback from the public rights-of-way of thoroughfare plan roads, as shown on the most recently amended village street plan, by a minimum distance equal to one-half of the height of the tower including all antennas and attachments.

(3)

New towers shall not be located in the public rights-of-way of nonthoroughfare plan roads. However, new antennas may be located on existing towers, poles and other structures in all public rights-of-way.

(4)

Towers shall not be located between a principal structure and a public street, with the following exceptions:

a.

On sites with public streets on all sides, towers may be placed within a side yard that abuts a local street.

b.

A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the village council, only to allow the integration of a tower onto an existing or proposed structure or building such as a church steeple, light standard, power line support device (e.g., power line tower), or similar structure.

c.

Towers erected on any protected residential property are also subject to the setback provisions of subsection (l) below.

(l)

Tower height. All proposed towers shall conform with the following maximum height requirements:

(1)

The height of towers shall be determined by measuring the vertical distance from the tower's lowest point of contact with the ground to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and tower must meet the height restrictions listed below.

(2)

On all protected residential property as identified at subsection (f), the maximum height of any tower, including all antennas and other attachments, shall be 35 feet. The height limitation does not apply to Class I—IV, which are regulated at subsection (3), below. The height limitation for any tower on protected residential property utilizing camouflaging architectural treatments and techniques in constructing the facility shall be as specified in subparagraph c. below.

(3)

Except as stated in subsection (l)(2) above, in all zoning districts, the maximum height of any tower not mounted on an existing building, including antennas and other attachments, shall not exceed one foot for each two feet the tower is setback from adjacent protected residential property. However, in no event shall any ground-mounted tower exceed the following heights:

(4)

Exceptions.

a.

Towers mounted on existing buildings shall comply with the requirements of subsection (r), below.

b.

In accordance with the Federal Communication Commission's preemptive ruling PRB1, towers erected for the sole purpose of supporting amateur radio antennas may exceed 35 feet in height provided that determination is made by the village, based on evidence submitted by the applicant, that the proposed tower height is technically necessary to successfully engage in amateur radio communications.

(m)

Tower lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights, except for aviation caution lights shielded from sight from the ground, unless such lighting is specifically required by the Federal Aviation Administration, local emergency medical services or other federal or state authority for a specific tower. When incorporated into the approved design of the tower, and when in accordance with all other appropriate portions of this Code, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(n)

Signs and advertising. The use of any portion of a tower for signs, other than warning or equipment information signs, is prohibited. Warning signs for high voltage and trespassing. No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, but excluding warning signs, shall be allowed on any part of an antenna or tower. Any signs placed in violation of this section shall be removed immediately at the facility owner's expense. If high voltage is necessary for the operation of the communication tower, associated equipment, or backhaul network 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. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and spaced no more than 40 feet apart. The height of the lettering of the warning signs shall be at least 12 inches in height. The warning signs shall be installed at least five feet above the finished grade. The warning signs may be attached to freestanding poles if the content of the sign may be obstructed by landscaping.

(o)

Accessory or unmanned structures.

(1)

Accessory cellular equipment permitted. All utility buildings and structures accessory to a tower shall be architecturally designed, as determined by the village, to be compatible with, and blend into, the surrounding environment and shall meet the minimum building setback requirements of the underlying zoning district. Any additional wireless communications facilities such as communication cables, adjacent accessory structures, or adjacent accessory equipment used in the provision of cellular, enhanced specialized mobile radio, or personal communications services, required within the existing secured equipment compound within the existing site shall be deemed a permitted use or activity. Notwithstanding the foregoing, all life safety codes, including but not limited to the building code, land development regulations, including any aesthetic requirements, shall apply.

(2)

Unmanned communication buildings.

a.

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

b.

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, does not exceed 1,000 square feet. If the site contains more than one building, the required distance separation between the buildings may be excused.

(p)

Annual registration and certification.

(1)

The owner of a tower shall file annually with the village manager or his designee a declaration as to the continuing operation (with active antennas) of every facility installed subject to these regulations. Said declaration shall include:

a.

A listing of all tower users' names and mailing addresses.

b.

Any additional information deemed appropriate by the village.

(2)

Every three years, or within 60 days following a catastrophic act of God or other emergency that affects the structural integrity of the tower, a certification of continued structural integrity (i.e., a signed and sealed comprehensive structural report which includes an inspection of the tower to ensure that the tower and ancillary facilities are and will continue to perform as originally designed), certified by a qualified and licensed professional structural engineer, shall also be filed with the village manager or his designee.

(3)

Failure to timely file either the annual declaration or the certification shall mean that the tower is deemed to be abandoned, unused, or unsafe, thus subject to removal. If the tower and/or facilities are deemed to be unsafe by the village inspector, the owner will have 15 days after official notice is issue to remove the unsafe facilities in accordance with the provisions of the Unsafe Structure Code of Miami-Dade County, and the village local amendments thereto, as revised, relating to notice and hearing.

(q)

Abandoned, unused or unsafe towers. The intent and purpose of this section is to address the compelling public interest in ensuring that towers are promptly disassembled, dismantled, and removed once they are no longer used. The village council finds that there is substantial risk that towers may cease being used in large numbers if there is a concentration or consolidation of competitors within the industry or if even newer technologies arise, obviating the need for towers.

Towers that are abandoned or unused for a period of 12 months, or unsafe, shall be removed as follows:

(1)

The planning and zoning director and building official may order the commercial wireless telecommunication towers be demolished and removed based upon determining that the tower is abandoned or unused for a period of 12 months or unsafe in accordance with the provisions of the Unsafe Structure Code of Miami-Dade County, and the village local amendments thereto, as revised, relating to notice and hearing.

(2)

In addition to the remedies provided by this section, recovery of costs or repair of demolition as set forth in Unsafe Structure Code, and the village local amendments thereto as revised, the village may recover its costs associated with the demolition and removal of any such tower under the performance guarantee required in subsection (t)(1) below.

(r)

Antennas mounted on roofs, walls, and existing towers. The placement of commercial wireless telecommunication antennas on roofs, walls, existing towers, and other structures is encouraged. Such requests may be approved administratively by the planning and zoning director and building official, provided the antenna meets the requirements of this Code, after submittal of:

(1)

A site plan and building plan in accordance with this Code;

(2)

A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure; and

(3)

A copy of an affidavit of lease stating the parties to the lease, the term of the lease and the consent of the owner of the existing structure or tower to the proposed placement;

(4)

Such placements shall comply with the following requirements:

a.

No such commercial wireless telecommunication antennas shall be placed on any residential building of less than four stories;

b.

For facilities mounted on an existing building, the tower, and antenna must be of a color that is identical to, or closely compatible with, the color of the building so as to make them as visually unobtrusive as reasonably possible. In addition, supporting electrical and mechanical equipment shall be screened from view or camouflaged;

c.

No such commercial wireless telecommunication antennas shall exceed 25 feet in height from the top of the building, existing tower or other structure;

d.

For all commercial wireless telecommunication antennas mounted on an existing building, the maximum height of such antenna's support structure shall not exceed ten feet from the top of the building;

e.

The diameter of roof mounted dish antennas shall not exceed six and one-half meters (approximately 21 feet), provided that no such antenna shall be visible from front yard areas and the color, location and design shall blend into and not detract from the character and appearance of the building and surrounding properties;

f.

The diameter of a tower mounted dish antenna shall not exceed four and one-half feet.

(s)

Interference or obstruction with public safety telecommunications. New telecommunications facilities shall not interfere with existing or proposed public safety telecommunications facilities and equipment. All applications for new service shall be accompanied by a certification obtained by the applicant from the village police commander, Miami-Dade County Police Department, and the county director of emergency management that the tower and ancillary facilities are not expected to interfere or obstruct. The village and/or Miami-Dade County Police Communications Commander, and county director of emergency management shall file any objections to the application for new telecommunication facilities within 30 working days from the date of their receipt for such a request for certification. The applicant shall provide the village a copy of the request for certification with an affidavit stating the date upon which such request was submitted to the respective agency. In the event interference or obstruction does occur with public safety telecommunication facilities, it shall be the responsibility of the owner of the commercial wireless telecommunication facility creating the interference or obstruction to make all necessary repairs and/or accommodations to alleviate the problem.

(t)

Issuance of a building permit. Prior to the issuance of a building permit, a performance agreement, in a form suitable for recording in the public records of the county, supported by a form of guarantee shall be required for all new commercial wireless telecommunication towers approved under this Code.

(1)

The performance agreement and guarantee shall obligate the tower owner and all subsequent tower owners to remove abandoned, unused or unsafe towers as detailed in subsection (p) above.

a.

A cashiers check and letters of credit, in a form acceptable to the village attorney, are the only forms of guarantee acceptable to the village. The guarantee is designed to ensure the village a fund for demolition and removal of the tower and associated facilities in the event that the tower's owner fails to discharge his obligations to properly demolish and remove said tower, facilities and equipments.

b.

When the cashiers check option is utilized, the funds will be deposited in interest bearing accounts by the village director of finance. In the event of default by the tower owner, interest that accrues on such funds shall be available to the village for application to the cost of demolition.

c.

Letters of credit will be accepted as guarantees, if the issuing institution meets the village's standards for providing satisfactory performance guarantees. The letter of credit must be irrevocable during that time period. A minimum 90-day notification period, of the lending institution's election not to extend the validity of the letter of credit, is required and must be sent by certified mail to the village director of finance. Failure to give notice as required shall automatically extend the letter of credit for successive additional six-month periods. (Such provision must be included in the letter of credit.) Should the tower owner not provide a substitute letter of credit at least 60 days prior to the expiration the funds shall be drawn immediately thereafter and a default action shall be initiated.

d.

The aggregate of all forms of guarantee posted on a project should not exceed the total of the estimated cost of demolition and removal, based on the village's cost estimate, with additional reasonable allowances for administrative costs, inflation and potential damage to existing roads and utilities.

e.

All deposits of cashier's checks and letters of credit shall comply with the requirements established by the village manager through administrative regulations.

f.

The village may choose to not require a performance agreement or guarantee for village-owned towers or towers or antennas located on village-owned property.

(2)

Before the issuance of a building permit, the following supplemental information shall be submitted:

a.

A copy of the Federal Aviation Administration response to the submitted notice of proposed construction or alteration, or its replacement, shall be submitted to the village manager or his designee.

b.

A report from a qualified licensed professional engineer which demonstrates the tower's compliance with the appropriate structural and electrical standards.

(3)

Prior to receiving a final inspection by the village planning and zoning director and building official, documented certification shall be submitted to the Federal Communication Commission, with a copy to the village planning and zoning department and building department, certifying that the telecommunication facility complies with all current applicable Federal Communication Commission regulations, or is exempt from same, for nonionizing electromagnetic radiation (NIER).

(4)

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/or to be provided in the future by the applicant over its telecommunications facilities.

c.

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

i.

Location of the proposed facilities.

ii.

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

iii.

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

d.

All applicable Federal Communication Commission approvals.

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 time application is accepted by the planning and zoning department.

g.

State of the art technology. Any permit application submitted to the village for construction or installation of a communication tower or personal wireless service facility shall demonstrate that the proposed structure conforms with the state of the art, as defined herein, or alternatively, that state of the art technology is unsuitable for the site involved. Costs of state of the art technology that exceed new tower development shall not be presumed to render the technology unsuitable.

h.

Fee required. Each application shall be accompanied by a nonrefundable processing fee of $4,000.00, to reimburse the village for the cost of review. An additional fee may be required if a public hearing is needed, as provided under this Code.

i.

If the applicant seeks relief from any regulation contained herein, the applicant must provide the nature of the specific relief sought and the engineering justification to demonstrate that without such relief, applicability of the regulation would have the effect of prohibiting the provision of personal wireless services.

(5)

Installation.

a.

The installation and modification of a communication tower and communication antenna, or a personal wireless service facility 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 or a personal wireless service facility, 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 shall conform to the Florida Building Code, as amended, National Electrical Code, as amended, National Electrical Safety Code, as amended, and Federal Communication Commission regulations, as amended.

d.

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

(u)

Technical consultants. The village shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for commercial wireless telecommunication facilities and to charge a reasonable cost under the village's billable fee system for such services to the applicant.

(v)

Right of inspection. The village or its designee shall have the right to inspect at any time the transmission tower, antenna, or related facility, together with any appurtenant facility or property of the applicant/owner's site. The building department may require periodic inspections of antennas, or facilities to ensure structural and electrical integrity and compliance with the Florida Building Code, as amended, the code of the village, as amended, and other applicable codes and regulations. Towers shall be inspected once every five years by a Florida licensed engineer and the results submitted to the planning and zoning department. Personal wireless facility owners shall submit a report to the village's building official certifying structural and electrical integrity every two years. The report shall be accompanied by a nonrefundable fee of $500.00 to reimburse the village for the cost of review. Based upon the results of the inspection, the building official may require repair or removal of a facility or tower.

(w)

Commercial wireless telecommunication towers and antennas approved prior to effective date. All commercial wireless telecommunication towers and antennas legally approved prior to the effective date of this division shall be considered permitted nonconforming uses and structures. However, to encourage the use of existing facilities, such nonconforming status shall not prevent the placement, modification or relocation of any antenna on any such tower.

(x)

Application process.

(1)

Notification of completeness. The planning and zoning director shall notify the applicant within 30 business days after the date the application is submitted as to whether the application is, for administrative purposes only, properly completed and has been properly submitted in accordance with the requirements set forth above. However, such determination shall not be deemed as an approval of the application. Such notification shall indicate with specificity any deficiencies which, if cured, could make the application properly completed. Thereafter, if a new communication tower is proposed, the department shall schedule the public hearing on the conditional use. Existing towers and collocation on existing towers or structures shall be reviewed and approved administratively.

(2)

Timeframe for decision. Unless the application for the cellular antennae or equipment is intended for collocation and satisfies the requirements set forth above, a permit for new antennae and ancillary equipment shall be approved or denied by the village council within 90 business days after the date that the properly completed application is initially submitted in accordance with the application requirements set forth above, and all applicable federal, zoning, building or land development regulations, including but not limited to any aesthetic requirements.

(3)

Extension and waiver. Where action by the village council is required on an application for a permit taken pursuant to this section, the planning and zoning director may by letter to the applicant extend the timeframe for a decision until the next available scheduled date of the village council as to whether to grant or deny an application for a permit taken pursuant to this section. Notwithstanding the foregoing, the applicant may voluntarily agree to waive the timeframes set forth above.

(4)

Emergency extension. The village may declare a one time waiver of the time frames set forth above in the case of a declared local, state, or federal emergency that directly affects the administration of all permitting activities in the village.

(5)

Appeal.

a.

Administrative review. If a permit is denied by the building official and/or planning and zoning director for noncompliance with this section, then the applicant may appeal the decision to the village council. The applicant will have 20 days to appeal the building official and/or planning and zoning director denial decision to village council. The village council shall then consider the permit application at a public meeting to uphold or overrule the denial of the permit. If a permit is denied, or conditions imposed, then the village council shall consider the action taken upon review of the following factors:

i.

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

ii.

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

If a permit is denied by the planning and zoning director for reasons other than noncompliance with this section, excluding Florida Building Code, then the applicant may appeal the decision directly to the village council, which shall make the final decision by resolution, after public hearing. If the village council ultimately denies the application, the village council's resolution ordering the denial shall incorporate the application, the minutes of public meetings, along with written findings by village staff, and the village council explaining the basis for the denial.

b.

Denial of an application by the village council shall be appealable to the appropriate court in compliance with Florida law.

(y)

Municipal property.

(1)

Third-party administration. Pursuant to applicable law, the village may contract with a third-party to administer village-owned property for purposes of developing village-owned sites as part of a master wireless telecommunications siting plan, consistent with the terms of this division. Except as specifically provided herein, the terms of this division, and the requirements established thereby, shall be applicable to all antennas, or facilities to be developed or collocated on village-owned sites.

(2)

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

(3)

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

(4)

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.

(5)

Exemption. Village-owned property, including easements owned by or controlled by the governing entity, is exempt from the minimum distance separation and height requirements set forth herein.

(Ord. No. 07-31, § 1, 10-1-2007; Ord. No. 09-27, § 1, 12-7-2009)

(a)

[Generally.] As of December 9, 2013, pet stores, shops or care centers shall be precluded from displaying, selling, trading, delivering, bartering, leasing, renting, auctioning, give away, transferring, offer for sale or transfer, or otherwise dispose of dogs or cats in the Village of Palmetto Bay, except as provided below:

(1)

A person or pet store that sells, delivers, offers for sale, trades, barters, leases, rents, auctions, gives away, or otherwise transfers or disposes of dogs and/or cats that were bred and reared on property owned by and zoned for the person or pet store.

(2)

An animal shelter.

(3)

An animal rescue organization.

(4)

An animal shelter or animal rescue organization that operates out of or in connection with a pet store.

(b)

Certificate of source. A pet store shall post and maintain, on or within three feet of each dog's or cat's kennel, cage or enclosure, a certificate of source of each dog or cat offered for sale or transfer, and shall provide a copy of such certificate to the purchaser or transferee of any dog or cat sold or transferred.

(c)

Violations—Enforcement.

(1)

Any person who violates this section shall be subject a $250.00 daily fine.

(2)

Additionally, the village may initiate a civil action in court of competent jurisdiction to enjoin any violation of this section.

(3)

Pet stores or shops that sold dogs or cats prior to December 9, 2013, that did not comply with the terms herein shall be vested. If the use is discontinued for six months or more, the use shall be considered nonconforming, and the use, if re-established is to comply with the foregoing provisions of section 30-60.31.

(d)

Definitions. For purposes of this subsection, the following definitions shall apply:

(1)

"Animal rescue organization" means a duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals and which does not breed animals.

(2)

"Animal shelter" means a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals, and which does not breed animals.

(3)

"Cat" means an animal of the Felidae family of the order Carnivora.

(4)

"Certificate of source" means a document declaring the source of origin of the dog or cat sold or transferred or offered for sale or transfer. A certificate of source shall include the name and address of the original source of the dog or cat and license information if the original source breeder is licensed by the United States Department of Agriculture and shall be signed by both the pet store certifying the accuracy of the certificate and by the purchaser or transferee of the dog or cat acknowledging receipt of the certificate.

(5)

"Dog" means an animal of the Canidae family of the Carnivora.

(6)

"Pet store" means any retail establishment open to the public that sells or transfers, or offers for sale or transfer, dogs and/or cats, regardless of the age of the dog or cat.

(7)

"Pet store operator" means a person who owns or operates a pet store.

(Ord. No. 2013-14, § 1, 12-9-2013)

Editor's note— Ord. No. 2024-07, § 2, adopted Oct. 7, 2024, repealed § 30-60.32, which pertained to low-THC cannabis and medical cannabis dispensaries, treatment facilities and independent testing laboratories and derived from Ord. No. 2019-19, § 2, adopted Sept. 23, 2019.