The purpose of this article is to identify the land uses allowed in Tamarac's zoning districts and to establish standards that apply to certain uses with unique characteristics or impacts.

(1)

§10-3.2, Table of Allowed Uses, includes Table 10-3.1: Allowed Uses, which lists uses allowed by district.

(2)

§10-3.3, Use-Specific Standards, includes use-specific standards applicable to certain land uses.

(3)

§10-3.4, Accessory Uses and Structures, establishes standards applicable to accessory uses and structures.

(4)

§10-3.5, Temporary Uses and Structures, establishes standards applicable to temporary uses and structures.

Table 10-3.1: Allowed Uses, lists the uses allowed within all base zoning districts. Each listed use is defined in Article 10-6, Rules of Interpretation and Definitions.

(A)

Table Abbreviations

(1)

Permitted Uses "P" in a cell in Table 10-3.1: Allowed Uses, indicates that the use is allowed by right. Permitted uses are subject to all other applicable regulations of this Code, including the use-specific standards in §10-3.3, Use-Specific Standards, the dimensional standards in Article 2: Zoning District, and the requirements of Article 4: Development and Design Standards. Permitted uses may be approved pursuant to the applicable procedures under Article 5: Administration.

(2)

Special Exception Uses "SE" in a cell in Table 10-3.1: Allowed Uses, indicates that the use is allowed in the respective zoning district only if reviewed and approved in accordance with the procedures of §10-5.4(G), Special Exception. Special exception uses are subject to all other applicable regulations of this Code, including the use-specific standards in §10-3.3, Use-Specific Standards, the dimensional standards in Article 2Zoning Districts, and the requirements of Article 4: Development and Design Standards.

(3)

Prohibited Uses. A blank cell in Table 10-3.1: Allowed Uses, indicates that the land use is prohibited in that zoning district.

(4)

Accessory Uses "A" in a cell in Table 10-3.1: Allowed Uses, indicates that the land use is allowed in that zoning district only if it is incidental and subordinate to a permitted primary use of the land in that district (i.e., a P or SE use that has been approved for the site), and subject to compliance with the applicable standards in §10-3.4, Accessory Uses and Structures.

(5)

Temporary Uses "T" in a cell in Table 10-3.1: Allowed Uses, indicates that the use is permitted in that zoning district for a temporary amount of time and only after approval of a Temporary Use Permit (§10-5.4(K)) and subject to compliance with the applicable standards in §10-3.5, Temporary Uses and Structures.

(B)

Use Categorization. In Table 10-3.1: Allowed Uses, land uses and activities are classified into general "use categories" and specific "use types" based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within the categories. Certain uses may be listed in one category when they may reasonably have been listed in one or more other categories. The use categories are intended merely as an indexing tool and are not regulatory.

(C)

Use-Specific Standards. Regardless of whether a use is allowed by right or as a special exception, additional standards may be applicable to the use. Use-specific standards are noted through a cross-reference in the last column of the table. Cross-references refer to §10-3.3, Use-Specific Standards. These standards apply in all districts unless otherwise specified.

(D)

Use for Other Purposes Prohibited. Approval of a use listed in Table 10-3.1: Allowed Uses, and compliance with the applicable use-specific standards for that use authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 10-3.1: Allowed Uses, and approved under the appropriate process is prohibited.

(E)

Classification of New and Unlisted Uses. When application is made for a use category or use type that is not specifically listed in Table 10-3.1, the following procedure shall be followed:

(1)

The Director shall provide an interpretation as to the use category and/or use type into which such use should be placed. In making such interpretation, the Director shall consider its potential impacts, including, but not limited to: the nature of the use and whether it involves dwelling activity; sales; processing; type of product, storage and amount, and nature thereof; enclosed or open storage; anticipated employment; transportation requirements; the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and the general requirements for public utilities such as water and sanitary sewer. When considering an unlisted use in any zoning district as part of an interpretation, the Director shall also determine whether additional use-specific standards are necessary in addition to the standards in this Code.

(2)

Any such interpretation shall be made available to the public and shall be binding on future decisions of the City until the Director makes a different interpretation or this Development Code is amended to treat the use differently.

(3)

On interpreting an unlisted use as allowed in a zoning district, and finding that the use is likely to be common or would lead to confusion if it remains unlisted, the Director may initiate an application for a text amendment to this Code in accordance with § 10-5.4(D), Amendment to Text of Development Code, to list the use in Table 10-3.1: Allowed Uses, as a permitted use or special exception use, as appropriate. Until final action is taken on the amendment application, the interpretation of the Director shall be binding.

(F)

Multiple Principal Uses

(1)

A development may include a single principal use with one or more accessory uses that are customarily incidental and subordinate to the principal use (e.g., home based business as accessory to a dwelling, or administrative offices as accessory to a school or manufacturing use).

(2)

A development may also include multiple principal uses, none of which is necessarily customarily incidental or subordinate to another principal use (e.g., a place of worship combined with a school, a gas station combined with a convenience store, restaurant, or automotive repair use, or a flex building housing retail, industrial service, and warehousing tenants).

(3)

A development with multiple principal uses shall include only those principal uses designated in the use tables as allowed in the applicable zoning district, and each principal use shall be subject to any use-specific standards applicable to the use.

(G)

Licenses and Permits Required. All uses required by the State of Florida or the federal government to have an approval, license, or permit to operate issued by the State or by another public, quasi-public, or regulatory agency are required by the City of Tamarac to obtain and maintain such approval, license, or permit at all times.

(H)

Table of Allowed Uses

(Ord. No. 2019-15, § 2, 9-25-19; Ord. No. 2019-19, § 2, 11-13-19; Ord. No. 2019-20, § 2, 11-13-19; Ord. No. 2021-029, § 2, 9-22-21; Ord. No. 2022-016, § 2, 9-14-22; Ord. No. 2023-002, § 2, 2-22-23; Ord. No. O-2023-011, § 2, 5-10-23; Ord. No. O-2023-020, § 2, 10-25-23; Ord. No. 2024-006, § 2, 3-13-24; Ord. No. O-2025-015, § 2, 6-25-25)

(A)

General—All Uses

(1)

Cross-References in Table of Allowed Uses. All uses associated with a use-specific standard as indicated in the right-hand column of Table 10-3.1: Allowed Uses, shall comply with the applicable standards in this section. All development shall also comply with applicable provisions of Article 4: Development and Design Standards.

(2)

Resolution of Conflicting Standards. In case of a conflict between these use-specific standards and the requirements in Article 4: Development and Design Standards, these use-specific standards shall apply, unless otherwise noted.

(3)

Conformance with Broward County Land Use Plan. All land uses shall conform to the standards and regulations of the Broward County Land Use Plan. The County's flex/redevelopment units may be applied to a different arrangement of commercial and residential acreage than that shown on the Broward Land Use Plan, if consistent with the Administrative Rules Document: BrowardNext. See §10-5.4(S), Flex and Redevelopment Units.

(4)

Required Spacing Does Not Create Nonconforming Uses. Where these use-specific standards require spacing between uses, no existing use that complied with applicable spacing requirements when it was created shall be made nonconforming because of the later location of any facility closer than the required spacing, or because of an amendment to this LDC changing any applicable spacing distance.

(5)

On-site Dispensing of Controlled Substances. Unless otherwise expressly permitted by statutory or general law, on-site dispensing of controlled substances that are identified in Schedule II, III or IV in F.S. §§ 893.03, 893.035 or 893.0356, is prohibited, regardless of zoning district. The following are exempt from this prohibition:

(a)

A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session;

(b)

A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice or intermediate care facility for the developmentally disabled which is licensed in this state;

(c)

A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital;

(d)

A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16; and

(e)

A health care practitioner when dispensing a onetime, 72-hour emergency resupply of a controlled substance to a patient. Any request for reasonable accommodation to the prohibition of on-site dispensing of controlled substances, as listed above, shall be submitted in accordance with §10-5.4(P), Administrative Adjustment.

(6)

Performance Standards. No use shall be permitted within the city that does not conform to the minimum standards of use and operation set forth in this section.

(a)

Emissions. Any emission of particulate matter from any type of process or equipment that creates a public nuisance or violates the standards adopted by the applicable regulatory agency, when measured at adjacent residential property lines and at property lines of any nonutility district within 200 feet, are prohibited.

(b)

Noise

(i)

General Prohibition

A.

No person shall make, continue, or cause to be made or continued:

1.

Any loud or raucous noise; or

2.

Any noise that is plainly audible and disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the jurisdictional limits of the city; or

3.

Any noise that is plainly audible; that is so harsh, prolonged, unnatural, or unusual in time or place as to occasion discomfort to any persons within the neighborhood from which said noises emanate, or as to interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.

B.

Factors for determining whether a sound is loud and raucous include, but are not limited to, the following:

1.

The proximity of the sound to sleeping facilities, whether residential or commercial;

2.

The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;

3.

The time of day or night the sound occurs;

4.

The duration of the sound; and

5.

Whether the sound is recurrent, intermittent, or constant.

(ii)

Prohibited Acts Enumerated. The following acts, among others, are declared to be unlawful noises and shall constitute a per se violation of this section, but this enumeration shall not be deemed to be exclusive. No sound level measurement is needed to prove the existence of the following unlawful noises:

A.

The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, for more than 10 consecutive seconds that is plainly audible from the property of another, except as a danger signal if another vehicle is approaching apparently out of control, or, if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended;

B.

The playing, using, operating or permitting to be played, used or operated, any radio, phonograph or musical instrument, or other machine or device for the producing or reproducing of sound in such a manner or with such volume, that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and is plainly audible from a public street, the adjacent lot nearest to the source, or at a distance of 25 feet or more, particularly during the hours between 11:00 p.m. and 7:00 a.m.;

C.

Yelling, shouting, hooting, whistling, singing, and other vocal sounds in excess of a normal conversational level, any of which occurs between the hours of 11:00 p.m. and 7:00 a.m., so as to create a plainly audible sound across a residential real property line or on a public right-of-way or public property, or that is plainly audible to an occupant of a dwelling unit within a building other than an occupant of the unit from which the sound emanates, that can be heard from a distance of 25 feet or more from the source, particularly in noise sensitive areas. This section is to be applied only to those situations where the disturbance is not a result of the content of the communication but due to the volume, duration, location, timing or other factors not based on content;

D.

The owning, possessing or harboring of any animal, bird or fowl which persistently barks, bays, cries, howls, meows, squawks or makes other noise so as to disturb the sleep, peace or quietude of any inhabitant of the city so that the noise emitted by such animal, bird or fowl is plainly audible from a public street, and/or from a distance of 25 feet and/or from the adjacent lot nearest to the building, structure, or yard in which the animal or bird is located. A person is responsible for an animal if the person owns, controls, or otherwise cares for the animal or bird. It shall be an affirmative defense to any charge hereunder that such animal, bird or fowl was emitting such noise in response to an intrusion upon the premises by any person;

E.

The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to cause loud grating, grinding, rattling or other noise that is plainly audible from a distance of 25 feet or more;

F.

The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of fire or danger, or upon request of proper city officials;

G.

The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motor vehicle or motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

H.

Operating or permitting the operation of powered model vehicles, either airborne, waterborne, or landborne, which are designed not to carry persons or property, such as, but not limited to, model airplanes, boats, cars, rockets, and which are being propelled by mechanical means, within a public recreation area or park other than those areas specifically designated for such purpose by the city commission.

I.

Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used, or operated, of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound between the hours of 11:00 p.m. and 7:00 a.m. in the following areas:

1.

Within or adjacent to residential or noise-sensitive areas;

2.

Within public space if the sound is plainly audible across the real property line of the public space from which the sound emanates, or is plainly audible at a distance of 25 feet or more from the source.

This shall not apply to any public performance, gathering, or parade for which a permit has been obtained from the city.

J.

Schools, courts, religious assemblies, hospitals. The creation of any noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which is plainly audible within such school, court, public building, place of worship or hospital, from a distance of 25 feet from the noise, and interferes with the operation of the institution, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.

(iii)

Exemptions. None of the terms of prohibition of subsections (i) and (ii) above shall be applied to or enforced against the following:

A.

Any vehicle of the City while engaged in necessary public business;

B.

Excavations or repairs of bridges, streets or highways by or on behalf of the city, county or the state during the night, when the public welfare and convenience render it impossible to perform such work during the day;

C.

An electrically amplified siren system for use as a warning to golfers of danger from nearby lightning activity, when located on the grounds of a golf course, and when the following guidelines are utilized:

1.

The siren shall be a system approved by Underwriters' Laboratories, Inc., and installed by a trained and licensed electrician, after appropriate permits are obtained.

2.

The loudspeakers for such system shall not be located within 200 feet of any hospital or private residence.

3.

The siren's signal shall be manually activated only at the direction of the golf course manager or his designee and only when an imminent or early threat of lightning activity is indicated by atmospheric conditions or broadcasted meteorological reports.

4.

The following United States Golf Association recommended signals shall be used:

a.

Discontinue play—Three short consecutive notes of siren, repeated for a period not to exceed 30 seconds in any fifteen-minute period.

b.

Resume play—One prolonged note of siren, repeated for a period not to exceed 15 seconds in any 15 minute period.

c.

These standardized signals and their meanings shall be prominently displayed in the clubhouse and at the first tee to inform all golf players.

5.

Prior to the installation of a lightning warning siren, a permit from the building department shall be obtained. A permit fee shall be set by resolution of the city commission. The fee shall cover the initial and subsequent yearly inspections by the building department to ensure the proper functioning of the siren system.

6.

Any operation of the siren system without a valid permit or in contravention of the standards enumerated in this subsection shall constitute a violation. Each violation shall subject the owner of the property on which the siren system is located to a fine as established by the City. The third violation within a calendar year shall be grounds for revocation of a permit unless the permit holder can demonstrate in a hearing before the City Commission that measures are being taken to eliminate the incidents of unwarranted operation of the siren system.

D.

Noises of authorized safety signals and warning devices;

E.

The generation of sound for the purpose of alerting persons to the existence of an emergency;

F.

Noises resulting from any authorized emergency vehicle;

G.

Noises resulting from emergency work, which is to be construed as work made necessary to restore property and/or utilities to a safe condition following a public emergency, or work required to protect persons or property from any imminent exposure to danger. This exemption will include noises from emergency communications and utility work following a public calamity and in connection with restoration of service operations.

H.

Noises resulting from community events such as fairs, sporting events, school activities, community festivals, etc., provided that the event has been approved by the City Commission as a special event.

I.

Noises relating to the use of lawn mowers or other machinery for landscaping purposes at golf courses shall be permitted between the hours of 6:00 a.m. and 6:00 p.m.

(iv)

Radios, Other Devices Casting Sounds Upon Public Places. It shall be unlawful for any person to maintain and operate in any place or on any premises in the city any radio or other mechanical musical instrument or device of any kind, whereby the sounds therefrom are cast directly upon public streets and places.

(v)

Hours of Operation—Outdoor Amusements. It shall be unlawful for the owner of, or any person employed at, any place where an outdoor amusement is operated, to operate or conduct such business between the hours from 10:00 p.m. to 6:00 a.m. of each day, whereby noise emitting therefrom shall be plainly audible from a distance of 25 feet, or the property of another.

(vi)

Noisy Businesses, Work, etc., Generally. It shall be unlawful for any person to perform labor or work or to operate or conduct any business or enterprise in the city on any day, except between the hours of 8:00 a.m. and 6:00 p.m., in a noise sensitive area, which creates noise that is plainly audible from a distance of 25 feet, or from the property of another. If any emergency exists, or conditions with reference to the operation of any business are such that it would be unjust and inequitable for the same not to be operated during the prohibited hours, upon application made to the city manager and after an investigation has been made, the city manager may issue a temporary permit authorizing any business to operate during specified extended hours and under specific conditions, if any, for a period no longer than 45 days. Only the city commission may issue a permit for any limited time period that exceeds 45 days through a resolution of the city commission. The city commission may attach specific conditions to any permit that it approves pursuant to this section.

(vii)

Vehicle Fuel. It shall be unlawful for the owner of or any person employed at any gasoline filling station located within 300 feet of a noise sensitive area in the city to carry on or conduct any business thereat from 11:00 p.m. to 6:00 a.m. of each day, whereby loud noises that are plainly audible form a distance of 25 feet, or from the property of another, are caused thereby.

(viii)

Tennis or Basketball Playing

A.

Restriction. It shall be unlawful for any person to engage in or permit the playing or practice of tennis or basketball on a court that is located in this city and close to dwellings or apartments, so that the noise emitted from such games disturbs or is detrimental to the health, peace and quiet of any occupants thereof, during the night hours after 9:30 p.m.; and the lights illuminating such tennis or basketball courts shall be extinguished not later than 9:30 p.m., local time.

B.

Exemption. Any tennis or basketball court that is owned or operated by a condominium association, a homeowner's association, a golf club, or a tennis club is exempted from this section.

C.

Special Exception. If any owner or operator of a tennis or basketball court furnishes proof to the city commission that all neighbors within a radius of 300 feet from the tennis court approve the operation of the tennis or basketball court for the evening hours after 9:30 p.m., local time, then upon such proof the commission shall exempt by a special exception such tennis or basketball court.

(ix)

Measurement of Noise. In determining whether a violation of this section has occurred, the complaint of noise shall be measured by the code enforcement division or police department according to the following plainly audible standard:

A.

The primary means of measurement shall be by ordinary, auditory senses of a reasonable person with normal sensitivities, so long as any mechanical device does not enhance their hearing, such as a microphone or hearing aid.

B.

The measurement shall be taken on, or as near as possible to the real property line of the property upon which the sound source is located, and in any event from a location not less than 25 feet from the source measured in a straight line.

(x)

Enforcement

A.

Any citizen wishing to register a complaint of alleged noise disturbance violations shall be required to sign a sworn statement including the details of the complaint in order for a law enforcement or code enforcement officer to investigate and cite the alleged offender. When a noise disturbance complaint is received by the city, the code enforcement division or police department shall investigate the complaint to verify whether a noise disturbance violation has occurred.

B.

This requirement shall not preclude a law enforcement or code enforcement officer from citing any alleged offender based on his or her own observations whether or not a complaint has been made.

C.

If a complaint is verified by the code enforcement division or police department, or a noise disturbance violation is independently observed by the code enforcement division or police department, a police report or written report from the code enforcement officer will be generated documenting the date and time of the incident and the officer's observations.

D.

An alleged violation of this article shall be presented to the special magistrate in accordance with 10-5.5(C), Enforcement Responsibility and Procedures.

E.

Any person found violating this article shall be subject to a fine, in accordance with 10-5.5(D), Remedies and Penalties.

F.

Each occurrence shall constitute a separate violation and shall be adjudicated before the code enforcement board or special magistrate.

G.

Any violation of this section shall constitute a nuisance. The office of the city attorney may bring suit on behalf of the city, or any affected citizen may bring suit in his/her name against the person or persons causing or maintaining the nuisance, or against the owner/agent of the building or property on which the nuisance exists. Relief may be granted according to the terms and conditions of Chapter 60, Florida Statutes, as amended from time to time.

(B)

Residential Uses

(1)

Community Residential Home: Type I (Six or Fewer Residents). A community residential home Type I with six or fewer residents shall not be located within a radius of 1,000 feet of another existing such community residential home type I with six or fewer residents, per F.S. §419.001(2), as amended.

(2)

Community Residential Home: Type II (Seven to 14 Residents)

(a)

A community residential home Type II with seven to 14 residents shall not be located within a radius of 1,200 feet of another existing community residential home Type I with six or fewer residents or another existing community residential home type II with seven to 14 residents, per F.S. §419.001(3)(c), as amended.

(b)

A community residential home Type II with seven to 14 residents shall not be located within a radius of 500 feet of a single-family zoning district, per F.S. §419.001(3)(c), as amended.

(3)

Continuing Care Retirement Community. The major component parts of a continuing care retirement community shall each comply with the standards applicable to the principal use most closely representing the component, as determined by the Director. All continuing care retirement communities shall comply with the performance and density standards as described in the Broward County Land Use Plan. For example, nursing home facility standards shall apply to the skilled nursing services components; assisted living facility standards for assisted living services component; and single-family, two-family, and/or multifamily dwelling standards, as appropriate, for the independent living component.

(4)

Dwelling, Live/Work

(a)

Residential units within the same structure as commercial uses for the owner or manager of the commercial use may be located in areas designated commercial without the application of flex or redevelopment units.

(b)

The residential portion of the use shall occupy at no more than 50 percent of the total gross floor area.

(c)

The nonresidential portion of the building shall be located on the ground floor.

(d)

Drive-through service is prohibited as an accessory use.

(e)

The unit shall include a complete kitchen space and sanitary facilities.

(f)

The working space shall be reserved for and regularly used by one or more occupant of the unit.

(5)

Dwelling, Manufactured Home

(a)

The dwelling's length shall be no more than four times its width.

(b)

The roof shall have a minimum pitch of five feet or rise to 12 feet of horizontal run, and shall be finished with a type of shingle or other roofing material commonly used in the construction of single-family detached dwellings.

(c)

Exterior siding shall consist predominantly of vinyl or aluminum horizontal lap siding (with reflectivity no greater than gloss white paint), wood, or hardboard that is comparable in composition, appearance, and durability to the exterior siding commonly used in the construction of single-family detached dwellings.

(d)

The home shall have a permanent masonry foundation around the entire exterior perimeter of the structure.

(e)

The front door of the manufactured home shall face a street.

(f)

Any moving hitch, tongue, wheels, axles, and transporting lights shall be removed before occupancy of the dwelling.

(g)

The design shall be in keeping with the character of the surrounding neighborhood.

(h)

A manufactured home that is less than 18 feet in width is only permitted in a mobile home park or manufactured home park existing on the effective date of this Code.

(6)

Dwelling, Multiple-Family. All multi-family development shall comply with the site design and performance standards in §10-4.6, Multi-family Residential Site and Building Design.

(7)

Dwelling, Two-Family

(a)

At least one habitable room or garage in each unit shall adjoin for a distance not less than ten feet in length.

(b)

Private outdoor areas shall be provided for each unit visually screened from the adjoining dwelling unit.

(c)

Each unit of a duplex building may have separate ownership.

(C)

Public, Institutional, and Civic Uses

(1)

General Standards for Non-Business Community Facilities. For all non-business community facilities as defined in §10-6.3, the following location requirements shall apply:

(a)

No more than a total of two non-business community facility uses may be located within one shopping center regardless of the amount of total building gross floor area occupied;

(b)

The area used by non-business community facility uses shall not exceed 20 percent of the total building gross floor area; and

(c)

Properties that exceed the maximum number of two non-business community facility uses, regardless of the amount of total building gross floor area occupied as of July 12, 2018, must amortize out non-business community facility uses that exceed the maximum of two non-business community facility uses per property within 10 years from the effective date of this code. As spaces that are currently occupied by non-business community facility uses and that exceed the maximum of two uses become vacant, only business uses may occupy the space, as listed in Table 10-3.1: Allowed Uses for that particular zoning district.

(2)

Adult Day Care Center. An adult day care center shall comply with all applicable state licensing requirements.

(3)

Assembly Hall; Religious Assembly (including Incidental Parochial School). Any assembly hall or religious assembly use, including any parochial school allowed incidental to such an institution on the same premises located within a freestanding structure shall comply with the following:

(a)

Site Characteristics

(i)

The use shall be located on a plot having at least 25,000 square feet of lot area and having at least 100 feet of street frontage.

(ii)

The coverage of all roofed structures shall not exceed 50 percent of the plot area.

(iii)

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

(iv)

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

(b)

Location. The use shall be located in a freestanding single-use structure(s), unless the use is accessory to a community service, museum, performing arts, theater, cinema, Florida college system institution, or college or university facilities; or unless the use meets the criteria in §10-3.3(C)(1).

(4)

Child Care Facility

(a)

County Regulations. The facility shall comply with all applicable regulations, including licensing requirements, in the Broward County Child Care Ordinance (Chapter 7 of the Broward County Code of Ordinances), as amended.

(b)

Physical Facilities

(i)

No setback or yard area required by this Code shall be used as usable area of outdoor space per child, as defined in the county regulations, nor shall the yard or setback area be calculated to arrive at the necessary usable area of the outdoor space per child as required by county regulations.

(ii)

Outdoor play areas in the facility shall be:

A.

Safely segregated from accessways and parking, loading, or service areas; and

B.

Not operated for outdoor play activities after 8:00 p.m.

(c)

Vehicular Access and Circulation. Vehicular access and circulation shall:

(i)

Be designed to enhance the safety of children as they arrive and leave the facility; and

(ii)

Provide a designated passenger pick-up and delivery area that includes at least one loading/unloading space the size of a standard parking space per 20 children and is located adjacent to the child care facility in such a way that children do not have to cross vehicular accessways to enter or exit the facility. If a designated pick-up area is not feasible directly adjacent to the entry of the facility, the drive aisle that must be traversed to enter the facility shall be clearly marked as a crosswalk and signage posted to identify this crosswalk and alert drivers that the crosswalk is utilized by children.

(d)

Adjacent Establishments Emitting Noxious or Offensive Odors. No child care center shall be established in any area of the city where it would be immediately contiguous to a business that would from time to time emit noxious or offensive odors, or from which would be emitted fumes that could be detrimental to the health, safety or welfare of minor children.

(e)

Family Child Care Facility. A family child care home is a licensed residence in which child care is regularly provided for compensation (e.g., payment, fee, or grant)—whether or not operated for profit—for children that come from at least two unrelated families.

(i)

It may provide care for one of the following:

A.

Up to four children, where all are under 12 months old;

B.

Up to six children, where no more than three are under 12 months old;

C.

Up to six children, where all are preschool age (from 13 months to 5 years old); or

D.

Up to ten children, where no more than two are under 12 months old and no more than five are preschool age.

(ii)

The numerical limits above apply throughout the year, and the children counted include those children under 13 years old who are related to the caregiver.

(iii)

A family child care home does not include use of a private residence for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children (with or without compensation).

(5)

Clinic, Medical, Urgent Care, or Dental. The use may be allowed in the R3 district subject to compliance with the Broward County Land Use Plan.

(6)

Community Garden

(a)

This use shall be limited to the propagation and cultivation of plants.

(b)

Accessory structures such as hoop houses, shade structures, and storage sheds are allowed, but no such structure shall be more than eight feet in height or located closer than 10 feet to a property line, and the total area covered by structures shall not exceed 25 percent of the site area.

(c)

If accessory to a residential use, the community garden shall be located in a common area, not in private property for a single residential unit.

(d)

Operation of power equipment or generators shall not occur between the hours of 10:00 P.M. and 7:00 A.M.

(e)

The site drainage and maintenance shall prevent water and fertilizer from draining onto adjacent property that is not part of the contiguous land in urban agricultural use.

(7)

Country Club. A bar may be operated at a public or private country club through special exception approval of the city commission. Such special exception approval shall be consistent with the provisions governing special exceptions as set out in this Code. If a restaurant is operated on site, it shall comply with the regulations concerning restaurants in §10-3.3(D)(14), Restaurant, With or Without Microbrewery.

(8)

Educational Facilities. Educational facilities located in shopping centers shall meet the criteria in §10-3.3(C)(1).

(9)

Library, Art Gallery, or Museum. Libraries, art galleries, or museums located in shopping centers shall meet the criteria in §10-3.3(C)(1).

(10)

Municipal Facilities. Municipal facilities located in shopping centers shall meet the criteria in §10-3.3(C)(1).

(11)

School

(a)

General. A proposed school pursuing a Special Exception shall comply with the following criteria:

(i)

The proposed use is compatible with the existing natural environment and community character of the properties within the immediate neighborhood.

(ii)

The proposed use is deemed desirable for public convenience, and not injurious or otherwise detrimental to the public health, safety, comfort, and welfare.

(iii)

The design of the proposed use shall minimize adverse effects, including noise, light, dust or other potential nuisances, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria consistent with the city regulations to the greatest extent possible. Entire site shall be void of any pre-existing code violations

(iv)

There are adequate parking areas and off street truck loading spaces (if applicable) consistent with the parking requirements of the Code, and the layout of the parking and vehicular use areas is convenient and conducive to safe operation consistent with the city standards to the greatest extent possible.

(v)

That there will be adequate provisions for traffic movement, both vehicular and pedestrian internal to the use and adequate measures exist or shall be taken to provide ingress and egress to the proposed use, for both vehicles and pedestrian, in a manner that minimizes traffic congestion in the public streets, and the use may not result in a significantly greater amount of traffic on local streets than would result from a development permitted by right.

(vi)

That the land area is sufficient, appropriate and adequate for the use and for any reasonably anticipated expansion thereof.

(vii)

Provide freestanding single use structure(s) unless the school is accessory to a library, community service, museum, performing arts, theater, cinema, church, Florida college system institution, college or university facilities.

(viii)

Provide a minimum lot size of three acres.

(ix)

Provide a student drop off area for motorists that is dedicated to drop off activities and will not interfere with onsite parking. The appropriate length and dimensions of the drop off area shall be identified in the traffic study.

(b)

RC District. In the RC district, public and private elementary, middle, or high schools may be allowed on lots greater than 6.5 acres in size with a land use designation of "Recreation," subject to the special exception procedures in §10-5.4(G), Special Exception. Private schools shall offer curricula substantially equivalent to public schools of comparable grades and shall meet the academic requirements of the state department of education.

(D)

Commercial Uses

(1)

Adult Entertainment

(a)

Zoning Districts and Distance Limitations

(i)

No adult entertainment business, where permitted, shall be located within 1,000 feet of any other adult entertainment business, or within 1,000 feet of a church or other place of religious worship or a school; or a residentially zoned district; or a publicly owned or operated park, playground, library or other recreational facility within or without the city's boundaries.

(ii)

Measurement shall be from the entrance of the adult entertainment business to the nearest point of entrance of the church or other place of religious worship, school, nearest point of any residentially zoned district within or without the city's boundaries, or nearest point of a publicly owned or operated park, playground, library or other recreational facility within or without the city's boundaries.

(b)

Requirements for Premises, Off-street Parking

(i)

All building openings, entries, windows, doors or other apertures for adult business shall be located, covered or screened in such a manner as to prevent a view into the interior from any public area; however, such openings shall not be painted out, blacked out or otherwise obscured in a garish manner.

(ii)

If separate booths, rooms, cubicles or other similar areas are provided for use by clients of the adult entertainment business, such areas may not have doors or other solid enclosures, but may only have a thin, opaque cloth curtain which may be opened from the exterior at all times and which does not extend any closer than three (3) feet to the surface of the floor.

(c)

Waiver or Modification of Restrictions

(i)

The city commission, after proper application and public hearing, may waive or modify any of the restrictions of this section upon a finding that:

A.

The specific proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this article will be observed;

B.

The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation, redevelopment or improvement, either residential or nonresidential;

C.

All other applicable regulations of this article and any other ordinance or law will be observed.

(ii)

In granting any such waiver or modification, the city commission may prescribe any conditions that it deems necessary in the public interest. All such waivers or modifications shall be applicable only to the person receiving them, and shall not run with the land.

(2)

Amusement Arcade

(a)

State Law. All amusement arcades shall comply with Florida state licensing and regulations per Florida Statutes.

(b)

Gambling Devices. Nothing in this Code shall in any way be construed to authorize, license or permit any gambling or gambling devices not permitted by state law.

(c)

License Required

(i)

A license shall be required for all amusement arcades pursuant §12-148 of the City Code.

(ii)

In addition to the licensing requirements contained in §12-148 of the City Code, the application for an amusement arcade license shall include a statement committing the applicant to require children under the age of 16 years to be accompanied by a parent or other adult while in the amusement center.

(d)

Hours of Operation; Security. The operation of amusement devices in primary or accessory amusement arcades shall not be conducted before 10:00 a.m. nor later than 11:00 p.m. except Friday and Saturday nights, when they shall be permitted two additional hours until 1:00 a.m. of the following morning. If an amusement arcade has a liquor license for consumption of alcoholic beverages on its premises, issued by the state, then the lawful hours of operation of the amusement games shall be expanded to coincide with the hours that are established by law, regulation or ordinance for the consumption of alcoholic beverages on the premises.

(3)

Animal Boarding Kennel. Boarding or breeding kennels shall not be permitted on any plot that is contiguous to any residentially-zoned district, or which is separated only by a street, alley, canal, or railroad right-of-way from a residential district.

(4)

Bank/Financial Institution

(a)

A drive-through facility shall only be allowed as an accessory use to a bank/financial institution in compliance with the standards in §10-3.4(D)(4), Drive-Through Service Facility.

(b)

A bank/financial institution shall be allowed in the R3 district subject to compliance with the Broward County Land Use Plan.

(5)

Brewery

(a)

Alcoholic beverages sold on the premises shall be limited to those produced on-site.

(b)

Off-site or wholesale distribution of products manufactured on the premises is allowed, as long as it is done from a designated loading area that does not interfere with the public use of any public right-of-way.

(c)

Fermentation and disposal of ingredients used in manufacturing shall be managed so as to prevent any nuisance effects on surrounding properties.

(d)

Outdoor storage is prohibited, except when located in an Industrial district.

(6)

Bulk Pool Chemical Sales

(a)

Wholesale or bulk non-packaged storage or sale of calcium hypochlorite or muriatic acid shall not be permitted. Muriatic acid may be sold only if pre-packaged.

(b)

The sale and storage of all swimming pool related chemicals and other such supplies shall be regulated by the standards set forth in the Florida Building Code, Broward Edition, the provisions of the National Fire Protection Association relating to storage of liquid and solid oxidizing materials and storage of gaseous oxidizing materials, and applicable regulations established by Broward County, as amended.

(7)

Day Spa

(a)

The facility shall offer more than one type of health, beauty, or relaxation service and shall not be solely a single-use massage establishment.

(b)

No services shall be offered or performed between the hours of 9:00 p.m. and 7:00 a.m.

(8)

Hotel

(a)

All guest rooms shall be accessed from the interior of the structure.

(b)

Guest rooms within the hotel shall not be under separate ownership and shall not be assigned by lease agreement or similar instrument.

(c)

A hotel shall, at a minimum, have a central switch board; provide daily room cleaning service; have a regular staff concierge service; porter service and valet parking.

(d)

The hotel structure shall provide elevator service to all floors above grade.

(e)

The following accessory uses shall be located within the structure of the primary use: bar; full-service restaurant; meeting, conference and banquet facilities; office center; and sundry or gift shop.

(9)

Massage Establishment

(a)

Massage Therapy Services Certificate Required. No establishment shall offer or provide massage services within the city without a massage therapy services certificate issued pursuant to this section. All persons providing massage services at the establishment shall be duly licensed under F.S. §480.041 et seq.; approved as a massage therapy apprentice as defined in F.S. §480.033, or possess another valid health care practitioner license duly issued by the Florida Department of Health pursuant to F.S. Ch. 456.

(i)

Application for Businesses. All businesses providing massage services as defined within this Code shall apply for a massage therapy services certificate from the city. Any operator applying for a massage therapy services certificate shall include the following information on a form provided by the city:

A.

Proof of valid Florida Board of Massage Therapy license issued to the establishment in accordance with F.S. §480.043 et seq.; and

B.

Proof of valid Florida Board of Massage Therapy or other state health care practitioner license for all personnel providing massage services at the establishment, in accordance with F.S. §480.041 et seq. or F.S. Ch. 456; or proof of Florida Board of Massage apprenticeship approval as defined in F.S. §480.033, if applicable; and

C.

Proof of valid Florida driver's license or other government-issued identification for every person and massage therapist working at the establishment.

(ii)

Term of Massage Therapy Services Certificate for Businesses. Once issued, a massage therapy services certificate shall remain valid for a period of one year, or until there is a change of the use, ownership, name, location of the establishment from that specified on the approved certificate, or until such time that the City-issued Business Tax Receipt (BTR) expires.

A.

The operator of any massage establishment that holds a certificate shall submit an application to renew the certificate within 30 days prior to the expiration date of the current certificate in order to continue operating.

B.

When there is a change of the use, ownership, business name, or establishment name, or establishment location from that specified on the approved certificate, a new certificate shall be required.

(iii)

Requirement to Supply Updated Information. In the first week of each quarter during the term of a massage services certificate, each establishment holding a certificate shall supply the city with the following information on a form and in the manner prescribed by the city:

A.

Revocation, expiration, or change to the status of the state licenses described in subsection (ii) above; and

B.

Updated state driver's license or other government-issued identification information for all personnel providing massage services at the establishment, including new staff members.

C.

Proof of valid licensure of any new employees, pursuant to §10-3.3(D)(9)(a)(i), within seven days of employment, regardless of monthly report due date.

(iv)

Display of Certificate. Establishments shall display the valid certificate in a place easily visible to any person entering the establishment and shall maintain proof of valid licenses and identification of each staff member on the premises of the establishment at all times during operation.

(v)

Revocation

A.

Grounds for Revocation. The following shall be nonexclusive grounds for revocation of a massage therapy services certificate:

1.

Noncompliance with any provision in §10-3.3(D)(9)(a), Massage Therapy Services Certificate Required; or

2.

Noncompliance with Chapter 480 of the Florida Statutes; or

3.

Failure to update information as required by subsection (iii) above of this section; or

4.

The city's determination that issuance of a certificate was granted based upon false information, misrepresentation of fact, or mistake of fact by the representative of the establishment holding the certificate, or his or her agent.

B.

Revocation Procedure. The procedure for revocation of a massage therapy services certificate shall be in accordance with §12.7 of the City Code, by clear and convincing evidence.

(vi)

Exemptions. Massage services in state-licensed hospitals and hospices, or those massages provided by a massage therapist acting under the direction of a licensed medical provider or practitioner, shall be exempt from the certificate requirements of this section.

(b)

Prohibited Activities. Any massage establishment operating in the city shall abide by the following conditions:

(i)

No establishment shall be permitted to provide massage services within the city without a massage services certificate issued pursuant to 10-3.3(D)(9)(a)(ii)(b), Term of Massage Therapy Services Certificate for Businesses.

(ii)

It shall be unlawful for any person in a massage establishment to engage in sexual activity, as defined in this section.

(iii)

It shall be unlawful for any person owning, operating, or managing a massage establishment, knowingly to cause, allow, or permit in or about such massage establishment, any agent, employee, or any other person under his or her control or supervision to engage in sexual activity.

(iv)

No massage services shall be offered or performed between the hours of 9:00 p.m. and 7:00 a.m. This subsection does not apply to massage services that are exempt pursuant to F.S. §480.0475(1)(a)-(c), which includes:

A.

Massage establishments located on the premises of a health care facility or hotel;

B.

Massage services performed under the prescription of a duly licensed medical practitioner; and

C.

Massage services performed during special events with the express approval of the city. Each establishment shall apply in advance for special events permission on a form and in the manner prescribed by the city.

D.

No persons are permitted to utilize the massage establishment as a principle domicile unless otherwise permitted as a home occupation under §10-3.4(D)(7), Home Occupations.

E.

No massage establishment shall be permitted to provide massage services within this city in violation of the zoning limitations as provided in this §10-3.3(D)(9), Massage Establishment.

(v)

Tinted windows are not allowed.

(c)

Penalties

(i)

A person violating the provisions of F.S. §480.0475 may face criminal charges up to a third-degree felony, pursuant to subsection (3) of that section.

(ii)

Pursuant to F.S. §§60.05 and 823.05, the operation of any massage establishment in violation of F.S. §480.0475, is a declared nuisance and may result in an injunction and costs ordered against that establishment, the operator of that establishment, or owner or agent of the building or ground on which that establishment exists.

(iii)

Violations of subsections (a), Massage Therapy Services Certificate Required, or (b), Prohibited Activities, of this section shall additionally be punishable in a manner to be prescribed by the city and may result in the revocation of a massage services certificate, the imposition of fines, or the pursuit of criminal charges against the massage establishment and/or person(s) in violation of these ordinances.

(d)

Posting Notice of Prohibited Acts Statement. Every person owning, operating, or managing a massage parlor shall post a copy of the following statement in every massage room:

"It shall be unlawful for any person in a massage establishment to place his or her hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage a sexual or genital part of any other person, or for such other person to request or permit such placing, touching, fondling or massaging.

It shall be unlawful for any person owning, operating, or managing a massage establishment, knowingly to cause, allow, or permit in or about such massage establishment, any agent, employee, or any other person under his or her control or supervision to perform such acts prohibited above.

Any person violating these provisions shall be punished by fine not exceeding $500, or imprisonment for a term not exceeding 60 days, or both, in the discretion of the court."

The statement shall be posted in a conspicuous place in the massage establishment, so that it may be readily seen by persons entering the premises.

(e)

"Disqualifying Conduct" Defined. For purposes of these Massage Establishment regulations, any of the following within the five-year period preceding the date of inquiry shall constitute "disqualifying conduct": (except for conduct involving violations of Florida Statutes Chapters 794, 800, or 847):

(i)

Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction, which relates to the practice of massage or to the ability to practice massage. Any plea of nolo contendere shall be considered a conviction for purposes of this section.

(ii)

The occurrence of sexual activity by any person or persons in any Massage Establishment.

(iii)

Engaging in or permitting any person or persons to engage in sexual activity in such Owner's Massage Establishment, or to use such Establishment to make arrangements to engage in sexual activity with any client.

(iv)

Using the therapist-client relationship to engage in sexual activity with any client.

(v)

Delegating professional responsibilities to a person when the licensee delegating such responsibilities, knows or has reason to know that such person is not qualified by training, experience, or licensure to perform such professional responsibilities.

(vi)

Aiding, assisting, procuring, or advising any unlicensed person to practice massage contrary to State law, or the Rules of the Department of Health or Board of Massage Therapy.

(vii)

Refusing to permit the Department of Health or the City to inspect the business premises of the licensee during normal business hours.

(viii)

Refusing to produce immediately, a Valid Government Identification for each Massage Therapist upon the City's request (meaning, a failure of each Massage Therapist to carry a Valid Governmental Identification on his or her person and produce same for inspection upon the City's request).

(ix)

Practicing massage at a site, location, or place which is not duly licensed as a Massage Establishment.

(x)

Presenting the license of another as his or her own.

(xi)

Allowing another to utilize his or her license.

(xii)

Using, or attempting to use, a license that has been revoked.

(xiii)

Falsely impersonating any other license holder of a like or different name.

(xiv)

Providing false or forged evidence to the City in connection with an application for a massage therapy services certificate.

(xv)

Committing any infraction specified in Rule 64B7-30.002, F.A.C. as same may be amended from time to time; or

(xvi)

Committing any misdemeanor or felony offense which relates directly to the operation of a Massage Establishment, whether as a Massage Establishment Owner or operator or employee thereof; or

(xvii)

Failure of the Owner or Massage Therapist to register under the provisions of Florida Statutes Chapter 775; or,

(xviii)

The applicant having been convicted in a court of competent jurisdiction of :

A.

Any violation of Florida Statutes Chapters 456, 794, 796, 800, 847, or 893; or

B.

Conspiracy or attempt to commit any such offense.

(f)

"In Good Standing" Defined. For purposes of these Massage Establishment regulations, the term "in good standing" means:

(i)

That the applicant's state license is current;

(ii)

That the applicant's state license will not expire during the fiscal year for which the massage therapy services certificate is issued (or if such the case, that a renewal for the state license has been filed);

(iii)

That there are no pending Department of Health Administrative complaints against the applicant which seek permanent revocation or suspension of the applicant's state license;

(iv)

That there are no pending Department of Health Administration complaints against the applicant's state license seeking a restriction of practice or placement on probation (the city may disregard this evidence if it receives a resolution from the Board of Massage Therapy, or a letter from the Executive Director of the Department of Health indicating that the remedy sought will not preclude the applicant from pursuing the massage therapy services certificate; and

(v)

That the applicant is not being prosecuted, or has criminal charges pending at the state or federal prosecutor, at the time the city must approve or deny the application for the massage therapy services certificate, or where the applicant has within the five years preceding the date of the application pled guilty or nolo contendere to crimes involving the disqualifying conduct as within this section.

(10)

Nightclub. No nightclub shall be located within 300 feet of any residentially zoned property. The city may establish an alternative minimum distance as part of the special exception approval process.

(11)

Office, Business/Professional. The use may be allowed in the R3 district subject to compliance with the Broward County Land Use Plan.

(12)

Personal and Household Goods Repair. The use may be allowed in the BP and I1 districts subject to compliance with the Broward County Land Use Plan and through the use of flex units.

(13)

Pet Care Daily. Exercise runs or pens shall comply with the following distance requirements:

(a)

From property line abutting a residential district and/or educational facilities use:

Outdoor runs, animal exercise areas or pens shall not be located within 50 feet of the property line. Except that outdoor runs, animal exercise areas, or pens that are entirely surrounded by a solid wall a minimum of six feet in height may be located 25 feet from the property line.

(b)

From property line abutting a non-residential district (except educational facilities use):

Outdoor runs, animal exercise areas or pens shall not be located within 25 feet of the property line. Except that outdoor runs, animal exercise areas or pens that are entirely surrounded by a solid wall a minimum of six feet in height may be located ten feet from the property line.

(c)

From property line abutting a roadway:

Outdoor runs, animal exercise areas or pens shall not be located within 15 feet from the property line.

(14)

Restaurant, With or Without Microbrewery

(a)

Drive-through. A drive-through facility shall only be allowed as an accessory use to a restaurant in compliance with the standards in §10-3.4(B), Accessory Uses and Structures Allowed.

(b)

Industrial Districts

(i)

Restaurants shall be for the primary use of the employees in the industrial area.

(ii)

Restaurants shall only be permitted as an accessory use to an industrial complex and shall be located within the principal building on the premises occupying not more than 10 percent of the gross floor area.

(iii)

Outside play areas for children are not permitted.

(c)

Restaurant with Microbrewery. The minimum area of the eating, drinking, and entertainment area of a restaurant with microbrewery shall be 45 percent of the total square footage for the establishment, or a minimum of 1,500 square feet, whichever is greater.

(15)

Retail

(a)

Adaptive Reuse/Abandonment Agreement. Prior to receiving final approval, large-scale retail uses that are 50,000 square feet or more, either in one building or in contiguous shopping center, excluding any garden center, shall require that the owner of the property execute and have recorded an adaptive reuse/abandonment agreement acceptable to the City Attorney. The agreement shall be recorded with the county clerk and recorder's office. The agreement may contain, but is not limited to, terms and conditions regarding:

(i)

A requirement that no covenants, conditions, or restrictions be recorded against or run with the property that in any way impede or prevent the re-use, redevelopment, or re-tenanting of the building in the event of vacancy;

(ii)

The owner's obligations to reuse, re-tenant, or pay for removal of the building in the event of vacancy within an agreed-upon time frame with the City;

(iii)

Property maintenance responsibilities in the event of vacancy; and

(iv)

Enforcement of the agreement and remedies available to the city in the event of breach or other noncompliance.

(b)

I-1 District. In the I-1 district, retail is limited to:

(i)

Ancillary commercial uses within buildings devoted to primary industrial uses; and

(ii)

Other commercial and retail business uses and hotel or similar lodgings under the conditions specified in the Broward County Land Use Plan and the certified city land use plan.

(c)

R3 District. The use shall be allowed in the R3 district subject to compliance with the Broward County Land Use Plan.

(d)

Medical Marijuana Dispensary.

(i)

No medical marijuana dispensary, where permitted, shall be located within five hundred (500) feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the city approves the location through a formal variance proceeding open to the public at which the city determines that the location promotes the public health, safety and general welfare of the community.

(ii)

Measurement shall be from the property line boundary of the proposed medical marijuana dispensary to the nearest point of the property line boundary of the private or public elementary, middle or secondary school.

(iii)

No medical marijuana dispensary is permitted to dispense from its premises marijuana or a marijuana delivery device between the hours of 9:00 p.m. and 7:00 a.m.

(iv)

All medical marijuana dispensary establishments offering or providing retail services within the city shall be duly licensed by the state under F.S. §381.986, and shall operate, provide security, signage and general conformance with F.S. §381.986, as amended.

(v)

A business license shall be required for all medical marijuana dispensaries, assessed at the same fee rate consistent with that of pharmacies.

(e)

Vape/Smoke Shop and Liquor Store.

(i)

No vape/smoke shop and liquor store, where permitted, shall be located within one thousand feet of an existing vape/smoke shop and liquor store and/or the real property that comprises a public or private preschool, elementary school, middle school, or secondary school within the City's municipal boundaries and neighboring cities.

(ii)

Whenever an existing vape/smoke shop or liquor store has procured a business tax receipt and a certificate of occupancy and, thereafter, a public or private preschool, elementary school, middle school, or secondary school is established within the distance separation set forth in §10-3.3(D)(15)(e)(i), the establishment of such preschool or school shall not be cause for the discontinuance or classification as a nonconforming use of the existing vape/smoke shop or liquor store.

(iii)

Measurement shall be from the property line boundary of the proposed vape/smoke shop and liquor store to the nearest point of the property line boundary of the existing vape/smoke shop and liquor store and/or the real property that comprises a public or private preschool, elementary school, middle school, or secondary school within the City's municipal boundaries and neighboring cities.

(f)

Bar, Lounge or Tavern.

(i)

No bar, lounge, or tavern, where permitted, shall be located within one thousand feet of an existing bar, lounge, or tavern and/or the real property that comprises a public or private preschool, elementary school, middle school, or secondary school within the City's municipal boundaries and neighboring cities.

(ii)

Whenever an existing bar, lounge or tavern has procured a business tax receipt and a certificate of occupancy and, thereafter, a public or private preschool, elementary school, middle school, or secondary school is established within the distance separation set forth in §10-3.3(D)(15)(f)(i), the establishment of such preschool or school shall not be cause for the discontinuance or classification as a nonconforming use of the existing bar, lounge, or tavern.

(iii)

Measurement shall be from the property line boundary of the proposed bar, lounge, or tavern to the nearest point of the property line boundary of an existing bar, lounge, or tavern and/or the real property that comprises a public or private preschool, elementary school, middle school, or secondary school within the City's municipal boundaries and neighboring cities.

(16)

Vehicle Fuel Sales. A vehicle fuel sales station shall comply with the following standards:

(a)

Location

(i)

A lot containing a vehicle fuel sales station shall be located at least 1,500 feet from a lot containing another vehicle fuel sales station, as measured from property lines.

(ii)

Vehicle fuel sales stations are prohibited if adjacent to or directly across a street right-of-way from residentially zoned land.

(b)

Access

(i)

The station shall have no more than two vehicular access points excluding fuel sales uses within an outparcel or other unified property.

(ii)

The station shall be designed to ensure safe and adequate vehicle stacking, circulation, and turning movements.

(c)

Canopy Height. Gasoline pump canopies shall have a maximum clearance height of 14 feet above grade, except where state or federal law requires higher clearances.

(17)

Vehicle Rental. In commercially zoned districts:

(a)

Except as hereinafter provided, no owner or person having the use of a commercial vehicle, recreational vehicle, boat, or boat trailer shall park, store, or keep the vehicle, boat, or boat trailer for any period of time within the property lines of any commercially zoned district.

(b)

This section shall not apply to the following:

(i)

Vehicles parked in city storage facilities;

(ii)

Vehicles parked in duly authorized and properly licensed commercial establishments that engage in the sale or lease of motor vehicles;

(iii)

Vehicles that have an active commercial or business purpose for which the owner or person having the use of said vehicle(s) holds a current and valid local business license for a business location within the commercially zoned district; provided, however, that such vehicle shall be parked, stored, or kept within ten feet of the business location or at the rear of the commercial facility or structure. If parked at the rear of the structure in cases where the structure abuts a public street, or any residential or recreation zoning district, the vehicle shall be provided with an opaque screen that, when seen from an abutting residential or recreational property, public street, or from the second floor or higher of a residential structure, totally obstructs the view of the vehicle.

(18)

Vehicle Repair, Major or Minor

(a)

Any building or outside area used for automobile repair, including paint and body shops, and any storage area for vehicles being or to be repaired, shall be located at least 50 feet from any residentially zoned property and shall be screened from the residentially zoned property by a wall, fence, or hedge as specified in §10-4.8, Fences, Walls, and Hedges. Any outside areas used for repairs shall be considered additional work bays and shall be delineated on the approved site plan and shall require the appropriate amount of off-street parking.

(b)

In the BP district, the use is allowed as an accessory use only if associated with a vehicle dealership.

(19)

Vehicle Sales, Used. Used vehicle sales may be accessory to new vehicle sales without requiring a Special Exception.

(E)

Industrial Uses

(1)

Auto Wrecking and Salvage Yard

(a)

The minimum plot size for any salvage or wrecking yard shall be one net acre.

(b)

All operations, activities, display and storage, with the exception of an office building or other enclosed building, shall be completely surrounded by an opaque wall at least six feet in height, with openings only for ingress and egress of pedestrians and vehicles. Such openings shall be equipped with opaque or translucent gates the same height as the wall.

(c)

No salvaged vehicles or parts, or any other scrap or salvaged materials shall be stored in such a manner that exceeds the height of the enclosing wall.

(d)

Required off-street parking shall be maintained on the exterior of any area used for salvage operations, display or storage of parts, vehicles or scrap or salvaged materials and shall comply with all requirements of §10-4.3, Off-Street Parking and Loading, of this Code.

(e)

No salvage or wrecking yard shall be located within 300 feet of any residentially-zoned district.

(2)

Recycling Facilities. Recycling facilities, except auto salvage yards, shall be located at least 500 feet from any residentially-zoned district and at least 200 feet from any mixed use and non-residential zoned district. All materials stored, handled, or repackaged on the premises shall either be in containers or stored within a building.

(3)

Self-storage Facility, Indoor or Outdoor

(a)

Site Design and Performance Standards. All facilities are subject to the following site design and performance standards:

(i)

The maximum size of any individual rental space for storage of household items and equipment shall be 400 square feet.

(ii)

Controlled access shall be provided to the complex and an adequate security/surveillance system shall be installed whether electronic or otherwise, so that security personnel may keep vigilance over the facility and can be easily contacted in emergency or distress situations.

(iii)

Access to all storage spaces will be from the interior of the structure and each storage space shall have independent and exclusive access through a secured door or gate.

(iv)

Public storage facilities shall be subject to architecture review and designed or remodeled so as to agree in character and scale with the prevalent scale and character of the surrounding area. Careful consideration shall be given to the treatment of the blank walls generally associated with this use and to the way the ground floor addresses the street.

(v)

Loading and unloading areas shall be evaluated on an individual basis for compliance with the following criteria:

A.

Loading and unloading activities shall be limited to locations which are not visible from adjacent public rights-of-way;

B.

The area set aside for such activities shall be arranged so as not to obstruct the smooth flow of traffic on the site;

C.

Loading and unloading spaces shall be a minimum of 12 feet in width, by 25 feet in length; and

D.

The number of loading and unloading spaces shall be provided at the rate of three loading/unloading spaces for the first 50,000 sq. and one loading/unloading space for each additional 50,000 sq. ft. over 60,000 sq. ft.

(vi)

Parking shall be provided at the rate indicated in Table 10-4.1: Minimum Number of Off-Street Parking Spaces.

(vii)

Hours of operation shall be established in response to the perceived demand for services but shall not exceed 15 continuous hours and shall not extend beyond 10:00 p.m. nor commence before 6:00 a.m.

(viii)

In addition to these restrictions, upon individual evaluation of each proposed self-storage facility, appropriate measures may be required to minimize any potential adverse effects brought about by the implementation of the use with regards to the above or other pertinent concerns.

(b)

Distance Limitations. In order to mitigate potential adverse impacts associated with a concentration of such facilities throughout the city, such facilities shall be located no closer than four thousand (4,000) feet from one another. Such distance shall be measured from the nearest point of the existing facility's site to the nearest point of the proposed facility's site.

(4)

Wind Energy Conversion System

(a)

Generally. Wind energy conversion systems shall be mounted in a manner that preserves the character- defining features of the structure and property and are subject to the height limits and setbacks of the appropriate zoning district.

(b)

Maximum Height Exception. Vertical wind energy conversion systems less than five feet in diameter may extend above the maximum height in any zoning district up to a maximum of five feet.

(F)

Wireless Communication Facilities

(1)

Purpose. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare, the Tamarac City Commission finds that these regulations are necessary to:

(a)

Provide for the managed development and installation, maintenance, modification, and removal of wireless communications infrastructure in the city with the goal of having the fewest number of wireless communication facilities ("WCFs") required to complete a network without unreasonably discriminating against wireless communications providers of functionally equivalent services including all of those who install, maintain, operate, and remove WCFs;

(b)

Promote and protect the public health, safety, and welfare by reducing the visibility of WCFs to the fullest extent possible through planning, engineering, and design techniques including but not limited to camouflage design, and authorized screening of WCFs and the equipment associated therewith;

(c)

Encourage the deployment of smaller, less-intrusive WCFs to supplement existing larger WCFs;

(d)

Encourage the use of wall-mounted panel antennas;

(e)

Encourage roof-mounted antennas only when wall-mounted antennas will not provide adequate service or are not otherwise feasible;

(f)

Encourage the location of towers in non-residential areas, in a manner that minimizes the total number of towers needed throughout the community;

(g)

Encourage strongly the collocation of WCFs on new and existing sites;

(h)

Encourage owners and users of antennas and towers to locate them, to the extent possible, in areas where the adverse impact on the community is minimized;

(i)

Enhance the ability of wireless communications service providers to provide such services to the community quickly, effectively, and efficiently;

(j)

Effectively manage WCFs in the right-of-way; and

(k)

Manage amateur radio facilities and over-the-air receiving devices in the city.

(2)

Definitions. For purposes of this Section, the following terms shall be defined herein. For definitions associated with small or micro wireless facilities located in the right-of-way, please refer to §10-3.3(F)(9).

(a)

Alternative Tower Structure. Man-made trees, clock or water towers, bell steeples, light poles, unipoles, buildings, and similar alternative design mounting structures that are compatible with the natural setting and surrounding structures, and camouflage or conceals the presence of antennas or towers so as to make them architecturally compatible with the surrounding area.

(b)

Antenna. Any device used to transmit and/or receive radio or electromagnetic waves such as, but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one or more elements, multiple antenna configurations, or other similar devices and configurations. Exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals.

(c)

Antenna, Dish. Dish (parabolic or cylindrical) antennas used for microwave and satellite transmission and reception for commercial purposes. This definition shall not apply to wireless cable satellite dish antennas or dish antennas less than one meter measured diagonally.

(d)

Base Station

(i)

A structure or equipment at a fixed location that enables Federal Communications Commission ("FCC") licensed or authorized wireless communications between user equipment and a communications network. The definition of base station does not include or encompass a tower as defined herein. Base station includes, without limitation:

A.

Equipment associated with wireless communications services such as private broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul that, at the time the relevant application is filed with the City pursuant to this Article has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support; and

B.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplied, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks) that, at the time the relevant application is filed with the City has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

(ii)

The definition of "base station" does not include any structure that, at the time the application is filed with the City, does not support or house equipment described herein in sub-paragraphs A and B of this definition.

(e)

Camouflage, Concealment, or Camouflage Design Techniques. A Wireless Communications Facility ("WCF") which is camouflaged or utilizes camouflage design techniques when any measures are used in the design and siting of WCF's with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A WCF site utilizes camouflage design techniques when it (i) is integrated as an architectural feature of an existing structure such as a cupola, or (ii) is integrated in an outdoor fixture, or (iii) uses a design which mimics and is consistent with the nearby natural, or architectural features (such as an artificial tree) or is incorporated into or replaces existing permitted facilities (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not readily apparent.

(f)

Collocation. The situation when an initial antenna is installed with the intent to accommodate additional wireless providers, or when a second or subsequent wireless provider uses an existing structure to locate a second or subsequent antennae. The term includes the ground, platform, or roof installation of equipment enclosures, cabinets, or buildings, and cables, brackets, and other equipment associated with the location and operation of the antennae.

(g)

Eligible Facilities Request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station involving: (i) collocation of new transmission equipment, (ii) removal of transmission equipment, or (iii) replacement of transmission equipment.

(h)

Existing Structure. Any tower or base station as defined in this Code, provided that it is existing at the time the relevant application is filed with the City.

(i)

OTARD. An over-the-air receiving device.

(j)

OTARD Antenna

(i)

An antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one meter or less in diameter; or

(ii)

An antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instruction television fixed services, and local multipoint distribution services, and that is one meter or less in diameter or diagonal measurement; or (iii)

(iii)

An antenna that is designed to receive television broadcast signals.

(k)

OTARD Antenna Structure. Any pole, tower, or other structure designed and intended to support an OTARD antenna.

(l)

Site. The current boundaries of the leased or owned property surrounding the tower or eligible support structure and any access or utility easements currently related to the site. For a Site located within a right-of-way, the Site is defined as the area comprising the base of the structure and to other related accessory equipment already deployed on the ground.

(m)

Substantial Change. A modification that substantially changes the physical dimensions of an existing structure, which meets any of the following criteria:

(i)

For towers, other than alternative tower structures in the right-of-way, a substantial change, is a change that increases the height of the tower by more than 10 percent, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other existing structures, a substantial change is a change that increases the height of the structure by more than ten percent, or more than 10 feet, whichever is greater;

(ii)

For towers, other than towers in the right-of-way, a substantial change is a change which involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for existing structures, a substantial change involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

(iii)

For any existing structure, a substantial change involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or for towers in the right-of-way and base stations, a substantial change involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

(iv)

For any existing structure, a substantial change entails any excavation or deployment outside the current site; or any alteration that would impair the concealment elements of the existing support structure; or

(v)

For any existing structure, the substantial change does not comply with conditions associated with the siting approval of the construction or modification of the existing structure or base station equipment, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in paragraphs (i), (ii), and (iii) of this definition; and

(vi)

For any existing structure, the change does not comply with the generally applicable building, structural, electrical, and safety codes or with other laws codifying objective standards reasonably related to health and safety, or it does not comply with any relevant federal requirements.

(n)

Tower. Any structure that is designed and constructed primarily built for the sole or primary purpose of supporting one or more any Federal Communications Commission ("FCC")—licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. The term includes self-supporting lattice towers, guy towers or monopole towers. The term also includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and such other similar structures.

(o)

Transmission Equipment. Equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(p)

Wireless Communications Facility, or "WCF." A facility used to provide personal wireless services as defined at 47 U.S.C. Section 332 (c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the Code. A WCF includes an antenna or antennas, including without limitation, directions, omni-directional and parabolic antennas, base stations, support equipment, alternative tower structures, and towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand-held radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this §10-3.3(F), Wireless Communication Facilities.

(3)

Applicability

(a)

Base Stations, Alternative Tower Structures, and Towers. The requirements in this Section shall apply to all WCF applications for base stations, alternative tower structures, and towers as defined herein.

(b)

Exemptions. The requirements set forth in this subsection shall not apply to:

(i)

Amateur Radio Antennas. Amateur radio antennas that are owned and operated by a federally licensed amateur radio station operator or are used exclusively for receive-only antennas, provided that the height be no more than the distance from the base of the antenna to the property line is met.

(ii)

Pre-Existing WCFs. Any WCF for which a permit has been properly issued prior to the effective date of this Code shall not be required to meet the requirements of this subsection, other than the operational standards set forth in this subsection. An existing tower, including a nonconforming tower, may be structurally modified in order to permit collocation or may be replaced through no more than administrative review and building permit review, and is not subject to public hearing review, if the overall height of the tower is not increased and, if a replacement, the replacement tower is a monopole tower or, if the existing tower is a camouflaged tower, the replacement tower is a like-camouflaged tower.

(iii)

Emergency Services

A.

Emergency wireless telecommunications facilities owned by the City or other public agency and used wholly or in part for public safety or emergency communication purposes; and

B.

Portable wireless telecommunications facilities temporarily used for emergency purposes for not more than 180 days after declaration of an emergency or disaster by a responsible official of the city, county, state, or federal government.

(iv)

Miscellaneous Antennas. Antennas used for reception of television, multi-channel video programming, and radio such as over-the-air-reception devices ("OTARD") antennas, television broadcast band antennas, and broadcast radio antennas, provided that any requirements related to special uses of this Code and the requirement that the height be no more than the distance from the base to the property line are met. The Director has the authority to approve modifications to the height restriction related to OTARD antennas and OTARD antenna structures, if in the Director's reasonable discretion, modifications are necessary to comply with federal law.

(v)

Satellite Dish Antennas. Satellite dish antennas, which are allowed as accessory uses subject to §10-3.4(D)(12).

(vi)

Eligible Facility Requests. Eligible Facility Requests that comply with the requirements of Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, as may be amended from time to time, shall be subject to building permit review only.

(vii)

Collocations. Collocations that comply with the requirements of Section 365.172(13)(a)1.a and b, Florida Statutes, as may be amended from time to time, shall be subject to building permit review only. Collocations that comply with the limitations set forth in Section 365.172(13)(a)1.d, Fla. Stat., as may be amended from time to time, shall be subject to administrative review only.

(viii)

Small and Micro Wireless Facilities. Small and Micro Wireless Facilities installed in public rights-of-way shall be subject to the provisions of §10-3.3(F)(9).

(4)

Review Procedures and Requirements. No new WCF shall be constructed and no collocation or modification to any WCF may occur except after a written request from an applicant, reviewed and approved by the Director in accordance with this subsection, unless meeting an exemption provided in this Section. All non-exempt WCFs shall be reviewed pursuant to the procedures set forth in this subsection:

(a)

Submittal Requirements. In addition to an application form, signal interference letter, and payment of all application and review fees, as established by resolution of City Commission, each applicant shall submit a scaled site plan, photo simulation, scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate qualified professionals, showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, drainage, and other information deemed by the Director to be necessary to assess compliance with this section.

(b)

Special Exception Required

(i)

In all zoning districts, applications for base stations, alternative tower structures not within the right-of-way, and towers may be permitted only upon approval of a special exception in accordance with §10-5.4(G), Special Exception.

(ii)

All applications for towers shall demonstrate that other alternative design options such as base stations or alternative tower structures are not viable options as determined by the City.

(c)

Applications for Base Stations and Alternative Tower Structures within Right-of-Way. In all zoning districts, each application for a base station or alternative tower structure within the right-of-way, excluding applications for small and micro wireless facilities, shall be reviewed and considered for approval by the Director for conformance with this subsection. Applications for small and micro wireless facilities shall meet the requirements as provided in subsection 10-3.3(F)(9).

(i)

Appeal of Director Decision. Applicants may appeal the Director's decision by submitting a written notice of appeal to the City Manager within 10 calendar days of the date of the Director's decision. The notice of appeal must specifically set forth the grounds for appeal and include all documentation the applicant deems relevant. The City Manager shall within 10 days of receipt of the notice of appeal and after review of all documentation submitted by the applicant and the Director's decision issue a final decision which may affirm, overturn or modify the Director's decision.

(ii)

Referral to Planning Board. Except for WCF's in the right-of-way that meet all requirements of this subsection, the Director may refer the application to Planning Board for special exception approval if the Director finds the proposed WCF to have a significant visual impact (e.g., proximity to historic or designated view corridors, or on significant community features), or otherwise is substantially incompatible with the structure on which the WCF will be installed, or it does not meet the clear intent of this subsection.

(d)

Review Procedures for Eligible Facilities Requests

(i)

Application. In all zoning districts, eligible facilities requests shall be considered a use by right subject to building permit review. The City shall prepare, and make publicly available, an application form which shall be limited to the information necessary for the City to consider whether a building permit application is an eligible facilities request. Such information may include, without limitation, whether the request:

A.

Would result in a substantial change; or

B.

Would violate a generally applicable law, regulation, or other rule reasonably related to public health and safety. The application may not require the applicant to demonstrate a need or business case for the proposed modification or collocation.

(ii)

Type of Review. Upon receipt of an application for an eligible facilities request pursuant to this section, the Building Department shall review such application to determine whether the application so qualifies.

(iii)

Timeframe for Review. Subject to the tolling provisions of (iv) below, Tolling of the Timeframe for Review, within 60 days of the date on which an applicant submits an application seeking approval under this section, the City shall approve the application unless it determines that the application is not covered by this subsection. Any timeframes for review are further subject to the requirements of any applicable federal and state laws and regulations, including, but not limited to Section 365.172(13), Fla. Stat., as may be amended from time to time.

(iv)

Tolling of the Timeframe for Review. The 60-day review period begins to run when the application is filed, and may be tolled only by mutual agreement of the City and the applicant, or in cases where the director determines that the application is incomplete:

A.

To toll the timeframe for incompleteness, the City must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application;

B.

The timeframe for review begins running again when the applicant makes a supplemental written submission in response to the City's notice of incompleteness; and

C.

Following a supplemental submission, the City shall notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in paragraph A above. In the case of a second or subsequent notice of incompleteness, the City may not specify missing documents or information that were not delineated in the original notice of incompleteness.

(v)

Failure to Act. In the event the City fails to act on a request seeking approval for an eligible facilities request under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The application deemed granted becomes effective when the applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

(vi)

Interaction with Telecommunications Act Section 332(c)(7). If the City determines that the applicant's request is not an eligible facilities requests set forth in this subsection, the presumptively reasonable timeframe under Section 332(c)(7), as prescribed by the FCC's Shot Clock order, as may be amended from time to time, will begin to run from the issuance of the City's decision that the application is not a covered request. To the extent such information is necessary, the City may request additional information from the applicant to evaluate the application under Section 332(c)(7) reviews.

(e)

Abandonment and Removal. Prior to approval, affidavits shall be required from the owner of the property and from the applicant acknowledging that each is responsible for the removal of a WCF that is abandoned for a period of six months, or more.

(f)

Decision. Any decision to approve, approve with conditions, or deny an application for a WCF shall be in writing and supported by substantial evidence in a written record. The applicant shall receive a copy of the decision.

(5)

General Operational Standards for All Wireless Communication Facilities. The standards in this section shall apply to all WCFs in all districts, regardless of whether such facility is allowed as a principal or accessory use:

(a)

City Registration. Providers of all WCFs, whether or not granted an exemption from this section, shall comply with the applicable registration and other requirements of Chapter 5.6, Telecommunications, of the City's Code of Ordinances.

(b)

Compliance with Applicable Law. All work done pursuant to WCF applications must be completed in accordance with all applicable building and safety requirements as set forth in the Code and any other applicable regulations. In addition, all WCF applications shall comply with the following:

(i)

Comply with any permit or license issued by a local, state, or federal agency with jurisdiction of the WCF;

(ii)

Comply with easements, covenants, conditions and/or restrictions on or applicable to the underlying real property;

(iii)

Be maintained in good working condition and to the standards established at the time of application approval; and

(iv)

Remain free from trash, debris, litter, noxious weeds, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the City or after discovery by the owner or operator of the site.

(c)

Federal Requirements. All WCFs shall meet the current standards and regulations of the Federal Aviation Authority ("FAA"), the FCC and any other agency of the federal government with the authority to regulate WCFs. If such standards and regulations are amended, then the owners of the WCF governed by this subsection shall bring such facility into compliance with such revised standards and regulations within the time period mandated by the controlling federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the WCF at the owner's expense.

(d)

Radio Frequency Standards. All WCFs shall comply with federal standards for radio frequency emissions. If concerns regarding compliance with radio frequency emissions standards for a WCF have been made to the City, the City may request that the owner or operator of the WCF provide information demonstrating compliance with applicable federal or state regulations related to radio frequency standards. If such information suggests, in the reasonable discretion of the City, that the WCF may not be in compliance, the City may request and the owner or operator of the WCF shall then submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site, and which compares the results with established federal standards. If, upon review, the City finds that the facility does not meet federal standards, the City may require corrective action within a reasonable period of time, and if not corrected, may require removal of the WCF pursuant to this section. Any reasonable costs incurred by the City, including reasonable consulting costs to verify compliance with these requirements, shall be paid by the owner or operator.

(e)

Signal Interference. All WCFs shall be designed and sited, consistent with applicable federal regulations, so as not to cause interference with the normal operation of radio, television, telephone and other communication services utilized by adjacent residential and non-residential properties; nor shall any such facilities interfere with any public safety communications. The applicant shall provide a written statement from a qualified radio frequency engineer, certifying that a technical evaluation of existing and proposed facilities indicates no potential interference problems and shall allow the City to monitor interference levels with public safety communications during this process.

(f)

Legal Access. In all applications for the installation, maintenance, or modification of any WCF located on property other than a right-of-way, an applicant must warrant and represent that it has the written agreement of the owner of the property which is the subject of the application for legal access to and from the WCF and the applicant must also warrant and represent that it will have legal access to the utilities to operate and maintain the WCF.

(g)

Operation and Maintenance. To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with standards contained in applicable local building and safety codes. If upon inspection, the City concludes that a WCF fails to comply with such codes and constitutes a danger to persons or property, then the City may take any appropriate legal action, including enforcement through the City's Code Compliance Process. In addition, upon written notice being provided to the owner of the WCF, that the WCF fails to comply with the City's codes and constitutes a danger to persons or property the owner shall have 30 days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the City's building official may extend such compliance period not to exceed 90 days from the date of said notice. If the owner fails to bring such WCF into compliance within said time period, the City may remove such WCF at the owner's expense.

(h)

Aircraft Hazard. Prior to the issuance of a building permit by the building department, the applicant shall provide evidence that the WCFs are in compliance with Federal Aviation Administration (FAA) regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required.

(i)

Signs and Advertising. The use of any portion of a tower or antenna for signs or advertising purposes, including company name, banners, streamers, etc., is prohibited.

(j)

Abandonment and Removal. If a WCF has not been in use for a period of three months, the owner of the WCF shall notify the City of the non-use and shall indicate whether re-use is expected within the ensuing three months. Any WCF that is not operated for a continuous period of six months shall be considered abandoned. The City, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall remove the same within 30 days of receipt of written notice form the City. If the WCF is not removed within said 30 days, the City may remove it at the owner's expense and any approved permits for the WCF shall be deemed to have expired.

(k)

Approval Required from Other Governmental Agencies. Each application for a WCF may be required to include written approval or a statement of no objection from other federal or state agencies that may regulate tower siting, design, and construction.

(l)

Lease Agreement Required on City-Owned Property. The issuance of a permit is not a lease and no municipally owned property may be used without a lease agreement with the city. The city may, as appropriate, to protect its property and the public interest, establish additional requirements beyond the minimum requirements of a permit for municipally owned property. This provision further does not preclude the city from issuing a letter of interest for the purposes of leasing sites on designated city property for the construction and installation of personal wireless service facilities. For designated neighborhood parks, the city will encourage the installation of facilities which have a minimal impact on the surrounding areas and are consistent with the development of the neighborhood park.

(6)

General Design Standards for Wireless Communication Facilities

(a)

Camouflage/Concealment. Unless otherwise exempt from these requirements, all WCFs and any transmission equipment shall, to the extent possible, use camouflage design techniques including, but not limited to the use of materials, colors, textures, screening, undergrounding, landscaping, or other design options that will blend the WCF to the surrounding natural setting and built environment. Design, materials, and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation on the same parcel and adjacent parcels.

(i)

Camouflage design may be of heightened importance where findings of particular sensitivity are made (e.g. proximity to historic or aesthetically significant structures, views, and/or community features). In such instances where WCFs are located in areas of high visibility, they shall (where possible) be designed (e.g., screened, buffered, depressed, or located behind earth berms) to minimize their profile.

(ii)

The camouflage design may include the use of alternative tower structures should the Director determine that such design meets the intent of the Code and the community is better served thereby.

(iii)

All WCFs, such as antennas, vaults, equipment rooms, equipment enclosures, and tower structures shall be constructed out of non-reflective materials (visible exterior surfaces only).

(b)

Lighting. WCFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the City may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences.

(c)

Landscaping and Fencing

(i)

WCFs shall be sited in a manner that does not reduce the landscaped areas for the other principal uses on the parcel, below Code standards.

(ii)

WCFs shall be landscaped with a buffer of plant materials that effectively mitigate the impact of the WCF from adjacent residential property. The standard buffer shall consist of the front, side, and rear landscaped setback on the perimeter of the site.

(iii)

In locations where the visual impact of the WCF would be minimal, the landscaping requirement may be reduced or waived altogether by the Director.

(iv)

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as WCFs sited on large, wooded lots, natural growth around the site perimeter may be a sufficient buffer.

(d)

Colors. Except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over telecommunications towers, WCFs shall be painted or constructed in neutral colors, designed to blend into the surrounding environment such as non-contrasting gray.

(e)

Cooperative Determination. With respect to the placement of WCFs in residential districts, in the event an applicant demonstrates, in writing, to the satisfaction of the Director, or his or her designee, that the operation of this section produces a result which is either (i) a burdensome hardship on the applicant, and is inconsistent with the general public welfare; or (ii) inconsistent with the intent of the particular provisions of this section, and inconsistent with the general public welfare, the applicant and the Director, or his or her designee, shall cooperate to determine an appropriate location and aesthetic design for the proposed facility. In any such cooperative determination there shall be a preference for collocation with existing personal wireless service facilities or other utility facilities, or for use of unused capacity on existing personal wireless service facilities. Where facilities cannot be collocated and no such unused capacity exists, there shall be a preference for the use of free-standing concealed or camouflaged type structures which are consistent, to the extent possible, with this section.

(f)

Actual or Effective Prohibition; Cooperative Determination. In the event an applicant demonstrates to the satisfaction of the Director that operation of this section results in an actual or effective prohibition of WCFs or the provision of communications services, the applicant and the Director shall cooperate to determine an appropriate location and aesthetic design for the proposed facility. In any such cooperative determination there shall be a preference for collocation with existing WCFs or other utility facilities, or for use of unused capacity on existing WCFs. Where facilities cannot be collocated and no such unused capacity exists, there shall be a preference for the use of free standing stealth-type structures which are consistent, to the extent possible, with the purposes of the Code as defined in §10-1.4. The Director may require a statement certifying that the proposed location is needed by a WCF provider to close a significant gap in its service to the affected area. The applicant shall reimburse the reasonable costs incurred by the city for this cooperative determination.

(7)

Additional Design Standards for Specific Types of WCFs. Additional design requirements shall be applicable to the various types of WCFs as specified below:

(a)

Base Stations

(i)

If an antenna is installed on a structure other than a tower, such as a base station (including, but not limited to the antennas and accessory equipment) it shall be of a neutral, non-reflective color that is identical to, or closely compatible with, the color of the supporting structure, or uses other camouflage/concealment design techniques so as to make the antenna and related facilities as visually unobtrusive as possible.

(ii)

Such facilities shall be architecturally compatible with respect to attachments, and colored to match the building or structure to which they are attached;

(iii)

The maximum protrusion of such facilities from the building or structure face to which they are attached shall be six feet;

(iv)

Wall-mounted WCFs shall not extend above the roofline unless mounted to a penthouse; and

(v)

Roof-mounted WCFs shall be approved only where an applicant demonstrates a wall- mounted WCF is inadequate to provide service and evaluated for approval based upon the following criteria:

A.

Roof-mounted whip antennas shall extend no more than 12 feet above the parapet of any flat roof or ridge of a sloped roof or penthouse to which they are attached;

B.

Roof-mounted panel antennas shall extend no more than seven feet above the parapet of a flat roof or ridge of a sloped roof to which they are mounted; and

C.

Other roof-mounted transmission equipment shall extend no more than seven feet above any parapet of a flat roof upon which they may be placed, and shall not be permitted on a sloped roof.

(b)

Alternative Tower Structures. Alternative tower structures shall be designed and constructed to look like a building, facility, or structure typically found in the area and shall comply with the following standards:

(i)

The height or size of the proposed alternative tower structure shall be minimized as much as possible and shall be subject to the maximum height restrictions of the zoning district in which they are located;

(ii)

Shall take into consideration the uses on adjacent and nearby properties and the compatibility of the facility to these uses;

(iii)

Shall be compatible with the surrounding topography, tree coverage, and foliage; and

(iv)

Visual impacts of the proposed ingress and egress shall be minimized.

(c)

Alternative Tower Structures Located in the Right-of-Way. The following requirements apply in addition to those set forth in subsection (b) above:

(i)

Shall be no higher than 35 feet;

(ii)

Shall be no more than 10 feet higher (as measured from the ground to the top of the pole) than any existing utility or traffic signal within 500 feet of the pole or structure;

(iii)

Any new pole for an alternative tower structure shall be separated from any other existing WCF facility by a distance of a least 600 feet, unless the new pole replaces an existing traffic signal, street light pole, or similar structure determined by the Director;

(iv)

Pole-mounted components shall be located on an existing utility pole serving another utility; or be located on a new utility pole where other utility distribution lines are aerial, if there are no reasonable alternatives;

(v)

Shall, to the extent feasible, be consistent with the size and shape of pole-mounted equipment installed by communications companies on utility poles near the alternative tower structure;

(vi)

Shall, when located near a residential property, be placed in front of the common side yard property line between adjoining residential properties. In the case of a corner lot, the facility, to the extent feasible, must be placed in front of the common side yard property line adjoining residential properties, or on the corner formed by two intersecting streets;

(vii)

Shall be designed such that antenna installations on traffic signals are placed in a manner so that the size, appearance, and function of the signal will not be considerably altered;

(viii)

Facility antennas, mast arms, equipment, and other facilities shall be sized to minimize visual clutter;

(ix)

Any ground mounted equipment shall be installed in an underground or partially underground equipment vault (projecting not more than 36 inches above grade), or co- located within a traffic cabinet of a design approved by the Director; and

(x)

Shall not alter vehicular circulation or parking within the right-of-way or impede vehicular, bicycle, or pedestrian access or visibility along the right-of-way. Must comply with the federal Americans with Disabilities Act and all applicable local, state, and federal law and regulations. No alternative tower structure may be located or maintained in a manner that causes unreasonable interference.

(xi)

Unreasonable interference means any use of the right-of-way that disrupts or interferes with this use by the City, the general public, or other person authorized to use or be present upon the right-of-way, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the right-of- way that disrupts vehicular or pedestrian traffic, any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare.

(d)

Towers Located Outside the Public Right-of-Way

(i)

Generally

A.

Freestanding towers shall be considered a permitted use only on city-owned property.

B.

Freestanding towers on all other property located within the city shall be permitted as a special exception in any zoning district, provided the tower is an accessory use, subject to the procedure and requirements of §10-5.4(G), Special Exception. This provision does not preclude the use of vacant property in the I-1 zoning district for a freestanding tower; however, in those instances, a monopole-type camouflaged tower, is the preferred tower which should be utilized.

C.

Any freestanding tower shall be camouflaged in all zoning districts and on city-owned property. Non-stealth or non-camouflaged towers should only be utilized if the owner provides an engineering or technical justification, to the satisfaction of the city that the non-camouflaged tower is needed.

(ii)

Site Plan. Prior to the issuance of a building permit by the building department for a tower, a site plan for a minor development shall be presented for approval to the Director. Each application for a proposed tower shall include all requirements for site plan approval as required by §10-5.4(H), Site Plan Approval.

(iii)

Statement of Engineering Compliance. A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the state. The statement shall, through rational engineering analysis, certify the tower's compliance with applicable standards as set forth in the Florida Building Code, Broward County Amendments, and other regulatory codes of the State of Florida, and any associated regulations; and describe the tower's capacity, including an example of the number and type of antennas it can accommodate.

A.

No tower shall be permitted to exceed its loading capacity.

B.

All towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate two users.

(iv)

Statement of Necessity. No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City that no existing WCFs can accommodate the needs that the applicant proposes to address with its tower application. Evidence submitted to demonstrate that no existing WCF can accommodate these needs may consist of the following:

A.

No existing WCFs with a suitable height are located within the geographic area required to meet the applicant's engineering requirements;

B.

Existing WCFs do not have sufficient structural strength to support applicant's proposed WCF;

C.

The applicant's proposed WCFs would cause electromagnetic interference with the WCFs on the existing WCFs or the existing WCF would cause interference with the applicant's proposed WCF; and

D.

The applicant demonstrates that there are other limiting factors that render existing WCFs unsuitable for collocation.

(v)

Height/Setbacks and Related Location Requirements

A.

The height of a tower shall not exceed 200 feet. Tower height shall be measured from the crown of the road of the nearest public street.

B.

Towers shall conform to the setbacks established for all underlying zoning districts.

C.

Towers shall not be permitted within 250 feet of any residential district.

D.

Antennas located on towers shall not exceed the height of the tower by more than 20 feet.

E.

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

(vi)

Buffering

A.

Landscaping, consistent with the requirements of §10-4.4 of this Code, shall be installed around the entire perimeter of any fence or wall. Additional landscaping may be required around the perimeter of a fence or wall installed in association with any tower, if deemed necessary to buffer adjacent properties. The city may require landscaping in excess of the requirements of the city's Land Development Code in order to enhance compatibility with adjacent residential and nonresidential land uses.

B.

Landscaping consistent with perimeter and onsite requirements of §10-4.4 of this Code shall be installed around any accessory buildings or structures.

C.

All towers, excluding towers in right-of-way, shall be enclosed by security fencing or wall at least six feet in height and shall also be equipped with an appropriate anti-climbing device. No security fencing or any portion thereof shall consist of barbed wire or chain link material.

(vii)

High Voltage and No-Trespassing Warning Signs

A.

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

B.

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

C.

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

D.

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

(viii)

Non-interference. Each application to allow construction of a tower shall include a statement prepared by a registered radio audio frequency (RAF) engineer that the construction and placement of the tower will not unnecessarily interfere with public safety communications and the usual and customary transmission or reception of radio and television service enjoyed by adjacent residential and nonresidential properties. A statement shall be prepared by a registered engineer identifying any interference that may result from the proposed construction and placement.

(ix)

Additional Design Standards

A.

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

B.

Tower structures should use existing land forms, vegetation, and structures to aid in mitigating the impact of the facility from view, or allowing the facility to blend in with the surrounding built and natural environment;

C.

Monopole support structures are encouraged to taper from the base to the tip;

D.

Towers should be sited in a manner that that is least obtrusive to residential structures and residential district boundaries where feasible;

E.

Towers should take into consideration the uses on adjacent and nearby properties and the compatibility of the tower to these uses;

(x)

Inspections

A.

Tower owners shall submit a report to the city's building department, certifying structural and electrical integrity on the following schedule:

1.

Monopole towers: At least once every five years;

2.

Self-support/lattice towers: At least once every two years; and

3.

Guyed towers: At least once every two years.

B.

Inspections shall be conducted by an engineer licensed to practice in the state or otherwise exempt per Section 471.003, Florida Statutes. The results of such inspections shall be provided to the building department. Based upon the results of an inspection, the building official may require repair or removal of a tower.

C.

The building department may conduct periodic non-intrusive inspections of towers to ensure structural and electrical integrity. The owner of the tower may be required by city to have more frequent inspections should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.

(xi)

Existing Towers. Notwithstanding the above provisions of this section, antennas, unless exempt as provided in Section (3)(b), may be placed on existing towers with sufficient loading capacity after administrative approval by the Director. The capacity shall be certified by an engineer licensed to practice in the state.

(e)

Related Accessory Equipment. Accessory equipment for all WCFs shall meet the following requirements:

(i)

All buildings, shelter, cabinets, and other accessory components shall be grouped as closely as technically possible;

(ii)

No related accessory equipment or accessory structure shall exceed 12 feet in height; and

(iii)

Accessory equipment, including but not limited to remote radio units, shall be camouflaged, or hidden, whenever possible by locating behind parapet walls or within equipment enclosures or fenced compounds. Where such alternate locations are not available, the accessory equipment shall be camouflaged or concealed.

(iv)

All accessory buildings or structures shall meet all building design standards as listed in this Code, and in accordance with the provisions of the Florida Building Code, Broward County Amendments, and other regulatory codes of the State of Florida. All accessory buildings or structures shall require a building permit issued by the building department.

(8)

Shared Use of Wireless Communication Facilities

(a)

Collocation Encouraged

(i)

Notwithstanding any other provision of this section, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of WCFs on existing structures or new towers shall be encouraged but not required.

(ii)

No new tower shall be built, constructed, or erected in the city unless such tower is capable of accommodating additional WCFs owned by other persons.

(b)

Collocation Information Required in Tower Application. Collocation of communication antennas by more than one provider on existing or new towers shall be preferred over the construction of new single-use towers. Accordingly, each application for a tower shall include the following:

(i)

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

A.

Structural, capacity of the tower or towers;

B.

Radio frequency interference;

C.

Geographical service area requirements;

D.

Mechanical or electrical incompatibility;

E.

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

F.

Availability of towers for co-location;

G.

Any restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the tower;

H.

Additional information requested by the city.

(ii)

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

(c)

Towers Inappropriate for Sharing. A tower that is determined to be inappropriate for collocation shall be assumed to be inappropriate for sharing the same types of facilities in the future. Such towers will not need to be evaluated in the future regarding sharing with the same type of facility for which it has been determined to be inappropriate. The community development department shall retain a list of such towers, and will provide a copy of the list to all potential applicants. The city may require additional sharing feasibility evaluations if warranted by changes in technology.

(d)

Notice of Towers Approved for Shared Use. For any tower approved for collocation, the owner of the tower shall provide notice of the location of the tower and the tower's load capacity to all other providers. The City shall maintain a list of all providers of wireless communication services from towers and other WCFs located within the City for the purpose of providing notice.

(9)

Small and Micro WCFs in the Public Rights-of-Way. Small and Micro WCFs in the public rights-of-way shall meet the following minimum standards:

(a)

Required Approvals. No application for placement of a WCF in the public rights-of-way or on private property shall be permitted without first receiving any required approval of the building department unless otherwise exempted by this subsection.

(b)

Definitions

(i)

This sub-section was adopted pursuant to the authority provided in Chapter 2017-136, Laws of Florida, which enacted Section 337.401(7), Fla. Stat., known as the "Advanced Wireless Infrastructure Deployment Act," as may be amended from time to time. To the extent of any conflict between this sub-section and state law, the applicable provisions of state law shall control.

(ii)

For purposes of this sub-Section, the following definitions shall apply:

A.

ANTENNA means communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services.

B.

APPLICABLE CODES means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address threats of destruction of property or injury to persons, or local codes or ordinances adopted to implement Section 337.401, Fla. Stat., as may be amended from time to time. The term includes objective design standards adopted by ordinance that may require a new Utility Pole that replaces an existing Utility Pole to be of substantially similar design, material, and color or that may require reasonable spacing requirements concerning the location of ground-mounted equipment. The term includes objective design standards adopted by ordinance that may require a Small Wireless Facility to meet reasonable location context, color, stealth, and concealment requirements.

C.

APPLICANT means a person who submits an Application and is a Wireless Provider.

D.

APPLICATION means a request submitted by an Applicant to the City for a permit to Collocate Small Wireless Facilities.

E.

CITY UTILITY POLE means a Utility Pole owned by the City and located in the right-of-way.

F.

COLLOCATE OR COLLOCATION means to install, mount, maintain, modify, operate, or replace one or more wireless facilities on, under, within, or adjacent to a Wireless Support Structure or Utility Pole. The term does not include the installation of a new Utility Pole or Wireless Support Structure in the Public Rights-of-Way.

G.

MICRO WIRELESS FACILITY means a Small Wireless Facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior Antenna, if any, no longer than 11 inches.

H.

SMALL WIRELESS FACILITY means a wireless facility that meets the following qualifications:

1.

Each Antenna associated with the facility is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of Antennas that have exposed elements, each Antenna and all of its exposed elements could fit within an enclosure of no more than 6 cubic feet in volume; and

2.

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

I.

UTILITY POLE means a pole or similar structure that is used in whole or in part to provide communications services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure 15 feet in height or less unless the City grants a waiver for such pole.

J.

WIRELESS PROVIDER means a wireless infrastructure provider or a wireless services provider.

K.

WIRELESS SUPPORT STRUCTURE means a freestanding structure, such as a monopole, a guyed or self-supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless facilities. The term does not include a Utility Pole.

(c)

Location; Alternative Location Procedure. Small Wireless Facilities shall not be subject to the minimum separation distances set forth in this code, except as expressly permitted by law. Within 14 days after the date of filing a complete Application for a Small Wireless Facility, the City may request that the proposed location of a Small Wireless Facility be moved to another location in the right-of-way and placed on an alternative City Utility Pole or support structure or may place a new Utility Pole. The City and the Applicant may negotiate the alternative location, including any objective design standards and reasonable spacing requirements for ground-based equipment, for 30 days after the date of the request. At the conclusion of the negotiation period, if the alternative location is accepted by the Applicant, the Applicant must notify the City of such acceptance and the Application shall be deemed granted for any new location for which there is agreement and all other locations in the Application. If an agreement is not reached, the Applicant must notify the City of such non-agreement and the City shall grant or deny the original Application within 90 days after the date the Application was filed. A request for an alternative location, an acceptance of an alternative location, or a rejection of an alternative location must be in writing and provided by electronic mail

(d)

Height. The height of a Small Wireless Facility shall not exceed 10 feet above the Utility Pole or structure upon which the Small Wireless Facility is to be collocated. The height for a new Utility Pole is limited to the tallest existing Utility Pole as of July 1, 2017, located in the same right-of-way, other than a Utility Pole for which a waiver has previously been granted, measured from grade in place within 500 feet of the proposed location of the Small Wireless Facility. If there is no Utility Pole within 500 feet, the height of the Utility Pole upon which the Small Wireless Facility is to be collocated shall not exceed 50 feet.

(e)

Collocation Application Process. Within 14 days after receiving an Application for a permit to collocate a Small Wireless Facility, the City shall determine and notify the Applicant by electronic mail as to whether the Application is complete. If an Application is deemed incomplete, the City shall specifically identify the missing information. An Application is deemed complete if the City fails to provide notification to the Applicant within 14 days. Pursuant to Section 337.401(7), Fla. Stat., as may be amended from time to time, a complete Application to collocate a Small Wireless Facility is deemed approved if the City fails to approve or deny the Application within 60 days after receipt of the Application. If the City does not use the 30-day negotiation period provided in subsection (a) above, the parties may mutually agree to extend the 60-day Application review period. The City shall grant or deny the Application at the end of the extended period. A permit issued pursuant to an approved collocation Application shall remain effective for 1 year unless extended by the City.

(f)

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

(g)

Consolidated Application. An Applicant seeking to collocate Small Wireless Facilities within the City may, at the Applicant's direction, file a consolidated Application and receive a single permit for the collocation of up to 30 Small Wireless Facilities. If the Application includes multiple Small Wireless Facilities, the City may separately address Small Wireless Facility collocations for which incomplete information has been received or which are denied.

(h)

Basis for Denial. The City may deny a proposed collocation of a Small Wireless Facility in the Public Rights-of-Way if the proposed collocation:

(i)

Materially interferes with the safe operation of traffic control equipment;

(ii)

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

(iii)

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

(iv)

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

(v)

Fails to comply with Applicable Codes.

(i)

Exemptions. The following shall not require permit approval, fees, or other charges:

(i)

Routine maintenance;

(ii)

Replacement of existing wireless facilities with wireless facilities that are substantially similar or of the same or smaller size; or

(iii)

Installation, placement, maintenance, or replacement of Micro Wireless Facilities that are suspended on cables strung between existing Utility Poles in compliance with Applicable Codes by or for a Communications Services Provider authorized to occupy the Rights-of-Way and who is remitting taxes under Chapter 202, Florida Statutes.

(j)

Collocation on City Utility Poles

(i)

The fee to collocate a Small Wireless Facility on a City Utility Pole shall be $150 per pole annually.

(ii)

The City may reserve space on a City Utility Pole for future public safety uses. However, a reservation of space may not preclude collocation of a Small Wireless Facility. If replacement of the City Utility Pole is necessary to accommodate the collocation of the Small Wireless Facility and the future public safety use, the pole replacement is subject to make-ready provisions and the replaced pole shall accommodate the future public safety use.

(iii)

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

(iv)

For a City Utility Pole that does not support an aerial facility used to provide communications services or electric service, the City shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested collocation, including necessary pole replacement, within 60 days after receipt of a complete Application. Make-ready work, including any pole replacement, shall be completed within 60 days after written acceptance of the good faith estimate by the Applicant. Alternatively, the City may require the Applicant seeking to collocate a Small Wireless Facility to provide a make-ready estimate at the Applicant's expense of the work necessary to support the Small Wireless Facility, including pole replacement, and perform the make-ready work. If pole replacement is required, the scope of the make-ready estimate is limited to the design, fabrication, and installation of a Utility Pole that is substantially similar in color and composition. The City may not condition or restrict the manner in which the Applicant obtains, develops, or provides the estimate or conducts the make-ready work subject to usual construction restoration for work in the rights-of-way.

(v)

The make-ready work specified in subsections (iii) and (iv) above shall be subject to the City's usual construction restoration standards for work in the right-of-way. The replaced or altered City Utility Pole shall remain the property of the City.

(k)

Design Standards. The City's design standards set forth in the Applicable Codes may be waived by the Director upon a showing that the design standards are not reasonably compatible for the particular location of a Small Wireless Facility or that the design standards impose an excessive expense for a Small Wireless Facility. The waiver shall be granted or denied within 45 days after the date of the request.

(l)

Permitting. An Applicant for installation of a Small Wireless Facility shall obtain a right-of-way permit from the City for any work that involves excavation, closure of a sidewalk, or closure of a vehicular lane.

(m)

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

(n)

No Authorization to Collocate on City Utility Poles; No Application to Homeowner's Association Restricted Pole. This section does not authorize a person to collocate Small Wireless Facilities or Micro Wireless Facilities on a City Utility Pole, unless otherwise permitted by applicable law, or erect a Wireless Support Structure in a location subject to covenants, conditions, restrictions, articles of incorporation, and bylaws of a homeowners' association.

(o)

Equipment. The location in the public rights-of-way of any equipment or equipment cabinets associated with WCFs shall be subject to the approval of the City Engineer. Any such cabinets or equipment must be approved by the City Engineer as to safety, and shall not interfere with the use of the public rights-of-way. No generators utilized in connection with WCFs may be placed in the public rights-of-way, except temporarily in the case of emergency and if approved in advance by the City Engineer.

(p)

Antennas

(i)

Each application, other than for collocation, shall contain a visual depiction, rendering, or photograph of the proposed antenna that depicts its aesthetic features including, but not limited to, the use of colors and screening devices. The application shall be subject to administrative approval determining consistency with the requirements of this Code. The Director may require, to the extent possible, that aesthetic features including but not limited to, the use of colors and screening devices, be used so that antennas blend into the surrounding environment.

(ii)

No signals, lights, or illumination shall be permitted on an antenna or, except in the case of a light pole or a stealth facility designed to emulate a light pole, on a pole to which such antenna is attached, unless required by applicable state or federal laws or rules.

(iii)

No exterior antenna in the public rights-of-way shall exceed the height of the pole to which it is attached by 10 feet or more, unless it is attached as a collocation to an existing power, light or other utility pole or on a pole designed to emulate a light pole.

(iv)

Exterior looping of excess cable length installed on any WCF located in the public right- of-way is prohibited.

(q)

Inspections

(i)

Owners or operators of WCFs in the public rights-of-way shall ensure that the city has all information required as provided in Chapter 5.6, Telecommunications, of the City's Code of Ordinances related to registration.

(ii)

The building department may conduct non-intrusive periodic inspections of WCFs in the public rights- of-way to ensure structural integrity and electrical safety. The owner or operator of WCFs in the public rights-of-way may be required to have more frequent inspections of a particular facility should there be reason to believe that the structural integrity and electrical safety of said facility has been jeopardized.

(r)

Modifications or Replacements. Any collocation of new transmission equipment, removal of transmission equipment or replacement of transmission equipment that substantially changes the physical dimensions of an antenna node site shall be subject to approval of the city's building department.

(s)

Statements and Certifications. Any statement or certification submitted by or on behalf of an applicant pursuant to the provisions of this section shall be prepared applying rational analysis by one or more engineers registered and licensed in the state, or by such other person or persons designated by the applicant who are qualified to perform the required analysis. Any person or persons providing such a statement or statements shall also certify as to his or her competence in the discipline or disciplines necessary to perform the analysis and to provide the statement.

(t)

Reservation of Rights

(i)

The city does not waive any rights under applicable law with respect to management of its public rights-of-way. The city shall require that owners and users of WCFs in the public rights-of-way pay the maximum compensation to the city that is allowed by law. The city reserves the right to enforce all applicable city code provisions with respect to WCFs in the public rights-of-way.

(ii)

The city does not warrant or make any representations that the public rights-of-way are available, suitable, or appropriate for the construction, placement, maintenance, or use of WCFs.

(iii)

The city's approval of an application for the construction, placement, or modification of WCFs in the public rights-of-way shall not create any rights in such facilities' ability to be maintained or utilized in the public rights-of-way for any particular period of time or any rights that are inconsistent with the city code.

(iv)

The city reserves the right to abandon any public rights-of-way, notwithstanding the presence of any WCFs in the public rights-of-way that have been approved by the city and the city shall have no liability or responsibility to the owner, operator, or users of such WCFs in the public rights-of-way.

(v)

The city reserves the right to require the relocation or removal of any WCFs in the public rights-of-way consistent with its authority under applicable law. The city shall have no liability or responsibility to the owner, operator, or users of the WCFs in the public rights-of-way.

(vi)

The city shall have no responsibility or liability for damage to or interference with the use or maintenance of WCFs in the public rights-of-way by any third party.

(Ord. No. 2019-15, § 3, 9-25-19; Ord. No. 2019-20, § 3, 11-13-19; Ord. No. O-2023-020, § 3, 10-25-23)

(A)

Purpose. The purpose of this section is to authorize the establishment and continuation of land uses and structures that are incidental and customarily subordinate to principal uses. This section is intended to allow a broad range of accessory uses and structures, so long as they are listed in the table of allowed uses and comply with the standards set forth in this section to reduce potentially adverse impacts on surrounding lands.

(B)

Accessory Uses and Structures Allowed

(1)

Table 10-3.1: Allowed Uses, lists allowed accessory uses and structures alphabetically. Accessory uses not listed in the table require approval under the procedure in §10-3.2(E), Classification of New and Unlisted Uses.

(2)

All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures, and activities typically associated with the use as described in §10-6.2, Use Categories and Use Types Defined, unless specifically prohibited in this Section.

(C)

General Standards. All accessory uses and structures shall comply with the following general standards:

(1)

Compliance with this Code

(a)

All accessory structures shall be subject to the dimensional requirements in Article 2: Zoning Districts. In the case of any conflict between the accessory use/structure standards of this section and any other requirement of this Code, the more restrictive standards shall control.

(b)

All accessory uses shall be subject to the standards in this §10-3.4, Accessory Uses and Structures, as well as any use-specific standards applicable to the associated principal use as set forth in §10-3.3, Use-Specific Standards. Parking requirements shall be met for both the principal use and any accessory use.

(2)

Relationship to Principal Use or Structure

(a)

Except as otherwise expressly allowed in this Code, an accessory use or structure shall not be established or constructed before the establishment or construction of the principal use or structure.

(b)

Accessory uses shall not be permitted as the exclusive use of any property regardless of whether that accessory use was permitted by-right or by special exception.

(3)

Location. The accessory use shall be conducted and/or located on the same lot(s) as the principal use and to the rear of the front setback line, unless otherwise approved by the Director. No accessory structure shall be located within ten feet of the site's principal structure. When located to the rear of the primary structure, accessory buildings need not comply with the side or rear setback lines applicable to the primary structure provided that the accessory building is not located closer than ten feet from any alley and not closer than five feet from any property line.

(4)

Size and Height. The maximum size of any accessory building shall be 1,000 square feet unless approved by Special Exception. No accessory building shall exceed the height of the site's principal structure.

(D)

Additional Standards for Specific Accessory Uses

(1)

Accessory Dwelling Units. An accessory dwelling unit shall be permitted as accessory to, and on the same lot as, a single-family detached dwelling unit, duplex dwelling unit, single-family attached dwelling unit, or a live/work dwelling, subject to the following standards:

(a)

Districts Allowed. Accessory dwelling units shall be allowed as accessory uses to principal residential uses in the districts identified in Table 10-3.1: Allowed Uses. Accessory dwelling units shall not count towards the maximum net density standards.

(b)

Where Permitted on Lot

(i)

A permitted accessory dwelling unit shall comply with all applicable site and building design, access, and other standards for principal dwelling units in the zoning district in which the accessory dwelling unit will be located.

(ii)

An accessory dwelling unit may be within or attached to the principal dwelling (e.g., a downstairs or upstairs apartment), or exist within or as a detached structure (e.g., an apartment above a detached garage or a guesthouse).

(iii)

No detached accessory dwelling unit may be located within 10 feet of the principal structure or occupy more than 50 percent of the required rear setback.

(iv)

Mobile homes, manufactured housing, industrialized housing, recreational vehicles, travel trailers, and any other wheeled or transportable structure shall not be used as accessory dwelling units.

(c)

Size of Accessory Dwelling Unit. No accessory dwelling unit shall exceed 33 percent of the size of the habitable floor area of the principal unit. An accessory dwelling unit shall contain private sanitary facilities with hot and cold running water and cooking and food storage facilities.

(d)

Number of Bedrooms. Accessory dwelling units shall be limited to one bedroom.

(e)

Limit on Number. There shall be no more than one accessory dwelling unit on a lot in addition to the principal single-family dwelling. Only one kitchen is allowed per accessory unit.

(f)

Off-Street Parking. At least one off-street parking space shall be provided for each accessory dwelling unit.

(g)

Ownership; Leasing. An accessory dwelling unit shall not be sold apart from the principal dwelling on the same lot.

(2)

Bingo Game

(a)

Compliance with State Law. No business license or special exception shall be granted for any facility that does not fully meet the requirements of F.S. §849.0931, as amended.

(b)

Compliance with this Code. All charitable, civic, community, benevolent, religious, scholastic, fraternal and veterans organizations, together with condominium associations or planned community associations, shall comply with the city's zoning laws (this Code) applicable to the conduct of bingo games.

(c)

Districts Allowed

(i)

In any RC district and in religious assembly uses only, except as otherwise set forth herein, bingo games shall be permitted subject to the following restrictions:

A.

No person conducting or assisting in the operation of any bingo games shall receive any compensation;

B.

The sponsor may not contract with any firm, corporation, or individual to operate or manage the games for it.

(ii)

Bingo games shall be permitted in MUC and NC zoning districts subject to the same restrictions as if the game was conducted in a RC zoning district or a religious assembly use, if the nonprofit organization that applies for the permit has been housed in and operating in the city for not less than three years.

(d)

Required Permit and Fee. All charitable, civic, community, benevolent, religious, scholastic, fraternal and veterans organizations, together with condominium associations or planned community associations, that desire to perform, conduct, operate, maintain or supervise a bingo game must first obtain an annual permit from the city and shall remit to the supervisor of local business licenses an annual permit fee to the city in an amount established by the city commission, to defray administrative and investigative expenses.

(e)

Bingo Permit Suspension. A bingo permit may be suspended at any time the police chief has reason to believe that:

(i)

The grounds for issuing the permit no longer exist;

(ii)

The permittee is operating in violation of this article;

(iii)

The permit was secured by fraud or misrepresentation;

(iv)

Any proceeds derived from such games are shared with anyone other than the permittee and the proceeds from such games are used for any purpose other than the furtherance of legitimate charitable or other lawful purpose.

(3)

Car Wash, Accessory. In all zone districts, where permitted:

(a)

A car wash bay is permitted as accessory to a Convenience Store or an Automobile Services use only. The car wash bay shall be limited in capacity to one vehicle and may be operated with either manual or automatic equipment;

(b)

If the lot containing the car wash bay abuts a residential use or residential zoning district, the hours of operation of the car wash bay shall be limited to the time period between 8:00 a.m. and 9:00 p.m.;

(c)

The drive-through service facilities shall be designed in accordance with §10-4.3(I), Drive-Through Vehicle Stacking Standards; and

(d)

The car wash shall comply with all local and county water quality and other environmental standards.

(4)

Drive-Through Service Facility

(a)

The drive-through service facilities shall be designed in accordance with §10-4.3(I), Drive-Through Vehicle Stacking Standards.

(b)

The drive-through service facility shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking spaces and building entrances.

(c)

The design of any roof or awning over the drive-through service facilities and lanes, including any supporting columns and brackets, shall match or be complimentary to the design and exterior building materials of the principal building and meet the required principal building setbacks for the zoning district.

(5)

Dwelling, Caretaker. Caretaker dwellings within the same structure as a nonresidential use may be located in areas designated commercial without the application of flex or redevelopment units. Except as specified for self-service storage in §10-3.3(E)(3), Self-storage Facility, Indoor or Outdoor, each dwelling unit shall not exceed 1,500 square feet in gross floor area, shall not be less than 400 square feet in gross floor area, and shall not exceed 50 percent of the gross floor area of the building where the unit is located, whichever is less. Such dwelling units shall be located within the building to which the dwelling is accessory.

(6)

Flags and Flagpoles

(a)

General Standards. Flags and flagpoles are allowed in all zoning districts generally, subject to the following standards:

(i)

Flags of nations, states, counties, municipalities, civic organizations and/or corporations shall be exhibited in the proper manner.

(ii)

All flagpoles, whether freestanding or attached to a building, require a building permit pursuant to §10-5.4(N), Building Permit.

(iii)

For properties containing governmental institutions in freestanding buildings, including public or private schools:

A.

A maximum of three flagpoles per property may be erected containing a maximum of three flags per pole;

B.

A maximum of two flagpoles may be attached to the freestanding building;

C.

Flag poles attached to a building shall contain one flag per pole;

D.

The maximum size of any one flag is 60 square feet; and

E.

Flags attached to a pole attached to a building shall not exceed 15 square feet.

1.

The minimum required setback for flagpoles from all property lines shall be equal to the overall height of the flagpole.

2.

Flagpoles shall not exceed the maximum height permitted by the zoning district.

3.

Flagpoles attached to a building shall not extend beyond the existing building height including parapets.

4.

The flagpoles attached to a building shall be located no higher than the top of the first floor.

(b)

Flags and Flagpoles in Residential Districts. In addition to the standards set forth in (a) above, the following shall apply to all flags and flagpoles within residential districts:

(i)

Only one flagpole per property may be erected containing no more than two flags;

(ii)

Flagpoles attached to a building shall contain one flag per flagpole;

(iii)

The maximum area of any flag is 24 square feet;

(iv)

Flags attached to a pole attached to a building shall not exceed 15 square feet; and

(v)

No flags of any commercial nature may be displayed within any residential districts.

(c)

Flags and Flagpoles in Nonresidential, Mixed-Use, and Special Purpose Districts. In addition to the standards set forth in in (a) above, the following shall apply to all flags and flagpoles within nonresidential, mixed-use, and special purpose districts:

(i)

Two flagpoles per property may be erected containing one flag per flagpole or one flagpole per property containing two flags;

(ii)

Flagpoles attached to a building shall contain one flag per flagpole;

(iii)

The maximum area of any one flag is 60 square feet;

(iv)

Flags attached to a pole attached to a building shall not exceed 15 square feet;

(v)

Only one corporate flag is permitted which may contain the logo of the corporation located on the property containing the flag pole; and

(vi)

The building on the property shall contain a minimum gross floor area of 20,000 square feet dedicated to a single business and the corporate flag must represent this business.

(7)

Home Based Business. A home based business may be permitted as an accessory use to a principal dwelling unit in any of the residential or mixed-use districts, provided that:

(a)

Accessory Use. The activities of the home based businesses must be secondary to the property's use as a residential dwelling.

(b)

Employees and Residency. The principal person or persons providing the business or service shall reside in the dwelling on the premises, except that up to two employees or independent contractors who do not reside at the residential dwelling may work at the business.

(c)

Neighborhood Compatibility

(i)

All vehicles used in connection with the home based business shall be of a size, and located on the premises in such a manner, so as to not disrupt the quiet nature and visual quality of the neighborhood, the business may not generate a need for parking greater in volume than a similar residence where no business is conducted.

(ii)

As viewed from the street, the residential property must be consistent with the uses of the residential areas surrounding the property. Any external modifications to a home based business must conform to the residential character and architectural aesthetics of the neighborhood.

(iii)

No additional parking areas other than driveways shall be located in the required front setback.

(iv)

All business activities must comply with the City's Code concerning signage and equipment processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors.

(v)

All business activities must comply with the City's Code concerning the use, storage, or disposal of hazardous materials.

(vi)

The home based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.

(8)

Outdoor Courts, Fields, Playgrounds and Pools

(a)

All basketball hoops and backboards in street yard areas shall be permitted on the front of the building or on a pole on or adjacent to the driveway only.

(b)

Fixed basketball poles shall be located no closer than five feet to any property line or edge of pavement.

(c)

Portable basketball poles shall not be placed in a right-of-way or outside a property line. When not in use, any portable basketball pole shall be stored at least five feet from the property line.

(d)

A swimming pool, spa, or hot tub may be located in a required interior side yard setback or required rear yard setback.

(e)

A swimming pool, spa, or hot tub shall be located at least five feet from any interior side or rear lot line.

(f)

The measurements shall be taken from the inner edge or water line of the pool.

(g)

Portable pools which are less than 24 inches in depth may be allowed in any required yard setback.

(9)

Outdoor Seating, Commercial. Outdoor seating is allowed as an accessory use to any eating or drinking establishment, subject to the following standards:

(a)

No sound production or reproduction machine or device (including, but not limited to musical instruments, loud-speakers, and sound amplifiers) shall be used, operated, or played in the outdoor seating area at a volume that is any louder than necessary for the convenient hearing of persons within the outdoor seating area, and that would disturb the peace, quiet, or comfort of adjoining properties.

(b)

Hours of operation of the outdoor seating area shall be the same as those for the eating or drinking establishment.

(c)

Food preparation shall occur only within the enclosed principal building containing the eating or drinking establishment.

(d)

The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.

(e)

No tables, chairs, umbrellas, or other furnishings or equipment associated with the outdoor seating area shall be attached, chained, or otherwise affixed to any curb, sidewalk, tree, post, sign, or other fixture within the outdoor seating area.

(f)

The outdoor seating area may be permitted on a public sidewalk abutting or adjacent to the front of the property containing an eating or drinking establishment subject to the following requirements:

(i)

The outdoor seating area shall be limited to that part of the sidewalk directly in front of the property containing the eating or drinking establishment unless the owner of adjoining property agrees in writing to an extension of the outdoor seating area to that part of the sidewalk in front of the adjoining property.

(ii)

The operator of the establishment shall enter into a revocable license agreement with the city that has been approved as to form by the City Attorney and:

A.

Ensures that the operator is adequately insured against and indemnifies and holds the City harmless for any claims for damages or injury arising from sidewalk dining operations, and will maintain the sidewalk seating area and facilities in good repair and in a neat and clean condition;

B.

Authorizes the City to suspend authorization of the outdoor seating use, and to remove or relocate or order the removal or relocation of any sidewalk seating facilities, at the owner's expense, as necessary to accommodate repair work being done to the sidewalk or other areas within the right-of-way containing or near the outdoor seating area; and

C.

Authorizes the City to remove or relocate or order the removal or relocation of any sidewalk seating facilities, at the operator's expense, if the operator fails to comply with a City order to do so within a reasonable time period.

(iii)

A clear pathway at least five feet wide shall be maintained to allow through public pedestrian traffic along the sidewalk and from the sidewalk into the entrance to the establishment. A greater width may be required where necessary to ensure the safe and convenient flow of pedestrian traffic.

(iv)

A clear separation of at least five feet shall be maintained from any alley, crosswalk, fire hydrant, or similar public or emergency access feature in or near the sidewalk. A greater clear distance may be required where necessary to ensure use of the public or emergency access feature.

(v)

No objects shall be placed along the perimeter of the outdoor sidewalk seating area that would have the effect of forming a physical or visual barrier discouraging the use of the sidewalk by the general public.

(vi)

Tables, chairs, umbrellas, and other furnishings associated with the outdoor seating area shall be of sufficient quality design, materials, and workmanship to ensure the safety and convenience of area occupants and compatibility with adjacent uses.

(10)

Outdoor Storage. Outdoor storage is a permitted accessory use in the I-1 and I-2 zoning districts without restriction. In the PF and SU zoning districts, outdoor storage is permitted through the site plan review process and subject to compliance with the following requirements:

(a)

Except for outdoor storage associated with industrial or agricultural uses, each outdoor storage area shall be incorporated into the overall design of the primary structure on the site and shall be located at the rear of the primary structure.

(b)

Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by an opaque fence or wall between six and eight feet in height that incorporates at least one of the predominant materials and one of the predominant colors used in the primary structure. The fence may exceed eight feet in height where the difference in grade between the right-of-way and the outdoor storage area makes a taller fence necessary to effectively screen the area. Materials may not be stored higher than the height of the primary structure. The perimeter of the fence or wall must be landscaped with a seven-foot wide strip containing a minimum of one tree for every 150 square feet of lot area.

(c)

A landscaped earthen berm may be used instead of or in combination with a required fence or wall.

(d)

If the outdoor storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.

(e)

No materials may be stored in areas intended for vehicular or pedestrian circulation.

(f)

No storage of any items may occur within the front setback area or within the one-half of the each side setback nearest the street.

(11)

Outdoor Storage (Vehicles)

(a)

The standards below shall not apply to:

(i)

Vehicles parked in City storage facilities;

(ii)

Vehicles parked in duly authorized and properly licensed commercial establishments that engaged in the sale or lease of motor vehicles; and

(iii)

Vehicles which have an active commercial or business purpose for which the owner or person having the use of said vehicle(s) holds a current and valid local business license for a business location within the commercially zoned district; provided, however, that such vehicle shall be parked, stored or kept within 10 feet of the business location or at the rear of the commercial facility or structure. If parked at the rear of the structure in cases where the structure abuts a public street, or any residential or recreation/open space zoning district, the vehicle shall be provided with an opaque screen, which screen when seen from the abutting residential property, recreation property, public street or from the second floor or higher of a residential structure, totally obstructs the view of the vehicle.

(b)

Outdoor storage of vehicles and recreational vehicles may be allowed as an accessory use in any non-residential zoning district only through the site plan review process and subject to compliance with the following requirements:

(i)

Except on sites undergoing construction activity, mobile or manufactured homes are allowed to be stored only in conjunction with a principal industrial use and shall be placed in the rear half of the lot.

(ii)

Recreational vehicles shall be parked to the rear of the front setback line.

(iii)

Construction equipment, trucks, or recreational vehicles exceeding a two-ton gross weight, or similar sized vehicles, shall not be parked on any site with a principal residential use.

(iv)

Inoperable vehicles shall be stored only in conjunction with an industrial use completely screened from view of a public street.

(v)

There shall not be any type of vehicle stored on a vacant parcel of land.

(vi)

No recreational vehicle shall be occupied or used for human habitation, including, but not limited to sleeping, eats, or entertaining.

(vii)

No commercial or recreational vehicle, boat, or boat trailer shall obstruct the sidewalk.

(viii)

Visible outside lettering, licensure information, decals, logos, vehicle wraps, or other commercial information may be concealed by an aesthetically appropriate and secured weatherproof cover. Examples of aesthetically appropriate and secured weatherproof covers include but are not limited to a plain magnetic cover similar to the color of the vehicle, or a properly secured vehicle cover. The Director's determination on the appropriateness of a particular cover shall be final.

(12)

Satellite Dish

(a)

A satellite dish is allowed as an accessory use or structure to any principal use or structure. A satellite dish greater than one meter in diameter in a residential zoning district, or a satellite dish greater than two meters in diameter in a nonresidential zoning district, shall comply with the following standards to the extent such compliance does not unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of the dish, or preclude reception of an acceptable quality signal. These standards shall not be interpreted or enforced in any manner contrary to federal or state law.

(b)

In a residential zoning district, a satellite dish may be located within a required interior side yard or rear yard setback, but shall not:

(i)

Be located within five feet of any lot line; and

(ii)

Exceed a height of 15 feet above ground level, where mounted on a mast.

(c)

In a mixed-use or nonresidential zoning district, a satellite dish may be located within a required rear yard setback, but shall not:

(i)

Be located within ten feet of any lot line; and

(ii)

Exceed a height of 15 feet above ground level, where mounted on a mast.

(d)

A satellite dish may be located on the roof of a principal structure, provided it shall not extend more than 15 feet above the roof surface.

(13)

Small Wind Energy System

(a)

Location and Setback

(i)

Tower-mounted wind energy systems shall not be located within a front yard setback.

(ii)

A small wind energy system shall be set back a distance equal to its total extended height (e.g., if on a roof, roof height plus the height of any tower extending from the roof) plus five feet from all property lines, public street rights-of-way, and overhead utility lines. Guy wires and other support devices shall be set back at least five feet from all property lines.

(b)

Height. The maximum height of a small wind energy system (including the tower and extended blades) shall be the maximum height allowed in the zoning district plus 30 feet.

(c)

Sound. Sound produced by the wind turbine under normal operating conditions, as measured at the property line abutting an existing residential use, shall not exceed 55 dBA at any time. The 55dBA sound level, however, may be exceeded during short-term events that occur beyond the property owner's control, such as utility outages and/or severe wind storms.

(d)

Appearance. The wind turbine and tower shall be painted or finished in the color originally applied by the manufacturer, or a matte neutral color (e.g., gray, white) that blends into a range of sky colors, or a color consistent with that of the buildings on the site. Bright, luminescent, or neon colors, as determined by the Director, are prohibited.

(e)

Blade Clearance. The blade tip or vane of any small wind energy system shall have a minimum ground clearance of 15 feet, as measured at the lowest point of the arc of the blades. No blades may extend over parking areas, public right of ways, driveways, or sidewalks.

(f)

Lighting. No illumination of the turbine or tower shall be allowed unless required by the Federal Aviation Administration (FAA).

(g)

Access to Tower. On a freestanding tower, any climbing foot pegs or rungs below 12 feet shall be removed to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood or similar barriers shall be fastened to the bottom tower section such that it cannot readily be climbed.

(h)

Signage Prohibited. No wind generator, tower, building, or other structure associated with a small wind energy system shall include any signage visible from any public street other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification.

(i)

Utility Notification. No small wind energy system intended to connect to the electric utility shall be installed until evidence has been submitted to the city that the relevant electric utility company has been informed of the customer's intent to install an interconnected customer-owned generator.

(j)

Abandonment. On determining that a wind turbine has been inoperable for six consecutive months, the Director shall send the property owner a notice and order requiring restoration of the system to operating order within three months after receiving the notice. If the owner fails to restore the system to operating condition within the three-month time frame, the owner shall be required, at the owner's expense, to remove the wind turbine from the tower for safety reasons. If the owner fails to remove the wind turbine from the tower, the city may pursue legal action to have the wind turbine removed at the owner's expense, in accordance with §10-5.5, Enforcement.

(14)

Solar Energy Collection System (accessory)

(a)

Location. The system may be located on the roof of a principal or accessory structure, on the side of such structures, or on the ground in accordance with the standards in §10-3.4(C)(3), Location. The City shall not be responsible for establishing an easement.

(b)

Height

(i)

The system shall comply with the maximum height standards for the zoning district in which it is located, provided that a roof-mounted system shall not extend more than 15 feet above the roofline of the structure on which it is mounted.

(ii)

Where an existing structure exceeds the applicable height limit, a solar energy collection system may be located on its roof irrespective of applicable height standards, provided the system extends no more than five feet above the roof surface.

(c)

Generally. Solar energy devices shall be mounted in a manner that minimizes their appearance from the street and are subject to the setbacks of the appropriate zoning district. Ground-mounted solar energy devices less than five feet in height may extend into the setbacks provided that no solar energy device shall ever be closer than five feet from any property line.

(15)

Swimming Pool

(a)

Safety Barriers. Subject to subsection (b) below, no swimming pool final inspection or approval shall be given by the building inspector unless there has been erected a safety barrier in accordance with the Florida Building Code.

(b)

Setback Requirements

(i)

Pools or patios without structural roofs covered only with open mesh screening may be placed in a required side or rear setback area subject to the limitations set forth below. In no case shall a pool or covered patio be placed in a required street front yard or street side yard setback.

(ii)

Pools or patios which are covered by a structural roof or enclosed by side walls shall be subject to the same limitations on location as the primary building and shall not be placed in any setback area.

(iii)

All parts of a pool without a structural roof, including a structural deck, cap and/or mechanical equipment covered with only open mesh screening, may be placed within the required side or rear setback area but shall be no closer than five feet from a property line. In no case shall there be encroachment into a utility or drainage easement of record unless waivers are granted by the appropriate authorities. The height of the open mesh screening shall not extend more than 15 feet above the slab of the building.

(iv)

In multifamily zoning districts, single-story residential buildings and two-story townhouses shall be permitted a single-story patio without solid walls in the rear setback when adjacent to RC-zoned property with a minimum rear yard setback of eight feet if the patio has a structured roof, or five feet if the patio has a screened roof.

(v)

The owner of any property refused or denied a building permit by an officer of the city may apply to the Planning Board for a variance in any case where it can be demonstrated that the enforcement of this section would create an undue hardship.

(c)

Pumped Water Sediment Removal

(i)

During construction of a swimming pool, any water that is pumped from the excavation shall be carried by means of a hose to the nearest catch basin or to another structure or area where the sediment contained in the water can be trapped and physically removed to a landfill area. Water may not be pumped or spilled into a yard or a grassed swale or street right-of-way by a swimming pool contractor or other individual without provisions being made to trap the sediment in a confined area and for the sediment to be removed daily. Further, the water must be carried to a drain in a manner approved by the plumbing inspector.

(ii)

As a prerequisite to the issuance of any permit for a swimming pool, the contractor or owner must post with the city a two-hundred-dollar cash bond. This bond is in addition to all other fees applicable to the construction of a swimming pool. This bond will ensure that the areas where the water is pumped, whether it is to yards, grass swales or city catch basins, is left clear of all sediment. The bond will be released when the city engineer certifies cleanup is satisfactory. This final inspection by the city engineer of the cleanup of the pumped water will be a necessary prerequisite to the issuance of a certificate of occupancy for the pool.

(16)

Utility Sheds

(a)

Permit Required. Utility sheds may be permitted providing that they meet the standards set forth in the Florida Building Code as amended from time to time. A building permit shall be required in any residential district of the city.

(b)

General

(i)

Utility sheds shall not be permitted past the front line of the principal building.

(ii)

For a corner lot, utility sheds shall be restricted to the primary building setbacks on the street-side portion of the lot.

(iii)

A utility shed may be placed no closer than five feet from a rear or side property line.

(iv)

Height may not exceed the first floor height of the principal structure.

(v)

Only one utility shed is allowed per property in residential districts.

(Ord. No. 2021-029, § 3, 9-22-21)

(A)

Purpose. The purpose of this section is to authorize the establishment of certain uses (including special events) and structures of a limited duration. This section also sets out general standards applicable to all temporary uses and structures, and special standards applicable to particular temporary uses and structures. This section is intended to ensure that such uses or structure do not negatively affect adjacent land, are discontinued upon the expiration of a set time, and do not involve the construction or alteration of any permanent building or structure.

(B)

Temporary Uses and Structures Allowed. Table 10-3.1: Allowed Uses, lists allowed temporary uses and structures alphabetically. Temporary uses and structures not listed in the table require approval under the procedure in § 10-3.2(E), Classification of New and Unlisted Uses.

(C)

Approval Process; Temporary Use/Structure Permits. Prior to establishing any temporary use or structure, an applicant shall file an application for a temporary use permit with the Director unless otherwise exempted in this Code. A Temporary Use/Structure Permit, if required, is required before the establishment, construction, or installation of any temporary use or structure designated in Table 10-3.1: Allowed Uses.

(D)

General Standards for All Temporary Uses

(1)

All accessory uses are subject to the dimensional standards for the applicable zoning district set forth in Article 2, Zoning Districts, as well as the general development and design standards inArticle 4:Development and Design Standards. In the case of any conflict, the more restrictive standards, as determined by the Director, shall apply.

(2)

Unless otherwise specified in this Code, any temporary use shall:

(a)

Obtain any other applicable city, county, state, or federal permits, including building permits and health department permits;

(b)

Not involve the retail sales or display of goods, products, or services within a public right-of-way, except as part of an authorized not-for-profit, special, or city-recognized or authorized event;

(c)

Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;

(d)

Comply with any applicable conditions of approval that apply to a principal use on the site;

(e)

Not have substantial adverse effects or noise impacts on any adjoining permanent uses or nearby residential neighborhoods;

(f)

Not include permanent alterations to the site;

(g)

Comply with temporary signage standards in § 10-4.10(H), Temporary Signs.

(h)

Shall remove temporary signs associated with the temporary use or structure after the activity ends;

(i)

Not interfere with the normal operations of any permanent use located on the property; and

(j)

Be located on a site containing sufficient land area to allow the temporary use, structure, or special event to occur and accommodate associated pedestrian, parking, traffic movement without disturbing environmentally sensitive lands.

(3)

Duration. A temporary use may be approved for a period of 30 days, renewable upon specific application for additional six-month periods.

(E)

Additional Standards for Specific Temporary Uses

(1)

General. In addition to the standards in § 10-3.5(D), General Standards for All Temporary Uses, standards for some specific temporary uses shall apply regardless of the zoning district or the review procedure by which it is approved. This section sets forth and consolidates the standards for all temporary uses for which a reference to this section is provided in the "Use-Specific Standards" column of Table 10-3.1: Allowed Uses, and in the same order as they are listed in the table. These standards may be modified by other applicable standards or requirements in this Code.

(2)

Garage or Yard Sale

(a)

A garage or yard sale shall not require a temporary use permit but shall require an Administrative No-Cost Permit.

(b)

No garage or yard sale shall occur more than three times per year on the same lot.

(c)

Garage or yard sales in the R-3 District may only be allowed for the association or management company, not for individual dwellers.

(3)

Outdoor Sales, Seasonal. It shall be unlawful in the city for any person, firm, corporation, business or enterprise to sell, dispense, offer for sale, or distribute any item or items from other than within an enclosed building except as permitted in mixed-use and nonresidential zoning districts and as follows:

(a)

A permit for the sale of retail merchandise out-of-doors will be issued only for items sold in connection with the following:

(i)

Valentine's Day (February 14);

(ii)

Easter (date varies);

(iii)

Mother's Day (date varies);

(iv)

Memorial Day (date varies);

(v)

Father's Day (date varies);

(vi)

Independence Day (July 4);

(vii)

Halloween (October 31);

(viii)

Thanksgiving (date varies); and

(ix)

Christmas (December 25).

(b)

Any permit issued for sales permitted under this section shall be valid only for a temporary period, after having obtained a permit from the city and paying a permit fee of $250.00 and complying with the following minimum requirements:

(i)

A maximum of seven days preceding Valentine's Day, Easter, Mother's Day, Memorial Day, Father's Day, the Fourth of July, and Thanksgiving;

(ii)

A maximum of 30 days preceding Halloween;

(iii)

From Thanksgiving Day through December 26th.

(c)

Prior to receipt of a permit, an applicant shall comply with the following:

(i)

The applicant for a permit allowing temporary holiday sales shall provide the city with an indemnification agreement holding the city harmless for all activities of the applicant and shall submit proof of public liability insurance in a coverage amount of no less than $500,000.00, at each sales location, which names the city as a named insured and is issued by an insurance company authorized by the state department of insurance to do business in the state. The policy must be approved by the city, risk management division; and

(ii)

A written, sworn application, signed by the applicant, shall be filed with the business tax receipt division at least 30 days prior to the commencement of the appropriate holiday period, as provided in subsection (b) above showing:

A.

The name or names of the person or persons responsible for the management or supervision of the applicant's business during the time that the activities will be conducted in the city; the local address of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated and the name and address of its registered agent in the State of Florida; and

B.

The proposed place or places in the city where applicant's business will be conducted and length of time the business will be conducted; and

C.

A statement of the nature, character and quality of the goods to be sold or offered for sale by the applicant in the city; and

D.

Proof of a State of Florida sales tax number; and

E.

For vendors of sparklers who are required to register with the division of the state fire marshal of the department of insurance under F.S. Ch. 791, proof of a completed registration form. Proof of actual registration shall be submitted prior to issuance of the license; and

F.

A written notarized statement from the owner of the property, or an authorized agent of the owner, authorizing the location of the temporary holiday sales vendor on the property; and

G.

A sketch showing the exact location of the vendor.

H.

The permit issued under this article shall be posted conspicuously in the place of business named therein. If such person or persons applying for such permit shall desire to do business in more than one location within the city, separate permits shall be issued for each location of business, and shall be posted conspicuously in each place of business.

(d)

No applicant shall be issued more than ten (10) permits. For the purpose of this subsection, applicants shall be deemed the same if any one principal in the legal entity under which the applicant is operating is identical, regardless of the structure of the legal entity.

(e)

No permit shall be transferred without written consent from the director of community development of the city, as evidenced by an endorsement on the face of the permit by the director of community development showing to whom the permit is transferred and the date of transfer. The transferee of a permit shall meet and be subject to all requirements set forth herein for the permit holder.

(f)

No permit for the sale of sparklers may be issued unless such items may be lawfully sold under F.S. Ch. 791.

(g)

Locations for sales of merchandise permitted under this section are subject to the following restrictions:

(i)

Sparklers may only be sold at locations within a commercial zoning district. Such sales shall not be permitted to be made from areas located within 50 feet from:

A.

Any fuel storage facility of any kind; and

B.

Any area required to provide parking in connection with a restaurant or lounge.

(ii)

Christmas trees and sparklers may be sold only if each sales location has been approved by the city fire department.

(iii)

Halloween and Christmas items may only be sold at locations within any commercial zoning district or from areas immediately adjacent and utilized in conjunction with the commercially zoned property, as well as from any property owned by a nonprofit organization or institution.

(iv)

A maximum of one four-foot-by-eight-foot sign for each location may be displayed in connection with such sales.

(v)

There shall be a minimum 1,500 feet between any two locations permitted under this section; however, retail stores with over 20,000 square feet of floor area are exempt from this requirement; nor shall a temporary holiday sales vendor be required to locate at least 1,500 feet from such an establishment. For purposes of determining which application of two or more proposing sites within 1,500 feet of one another shall be approved, the date and time that each completed application is received by the city shall determine the priority, with the earliest completed application receiving the highest priority. For the purposes of this section, a site duly permitted for the previous year and which complied with all applicable regulations shall be considered to be the earliest completed application.

(vi)

At any given location permitted under this section, there shall be a maximum of one temporary holiday sales vendor.

(h)

The sale of any merchandise by any holiday sales vendor as specified in this section without a permit is unlawful.

(i)

Violation of this section shall be punishable as provided in § 10-5.5, Enforcement, or by any other means authorized by law.

(4)

Special Event

(a)

The Director shall forward the application for temporary use permit for a special event to the city commission for review and decision only if a waiver of fees is requested or for proposed outside alcohol consumption.

(b)

No Special Event shall last for more than four consecutive days, or occur more than four times a calendar year.

(c)

There shall be adequate off-street parking and accessibility.

(d)

The Fire Department and Police Department shall have determined that the site is accessible for public safety vehicles and equipment.

(e)

The Business Tax Receipt Division shall have determined that any existing or proposed permanent or temporary structures comply with applicable regulation of the Building Code. Temporary structures associated with the event require appropriate building permits and shall meet required setbacks.

(f)

Adequate restroom facilities shall be provided per Florida Building Code as amended from time to time.

(g)

No premises shall be the site of a special event exceeding a collective total of 20 days or four times within any calendar year, except where the site is publicly-owned property and used for events sponsored by the city for the enjoyment or enrichment of its citizens.

(h)

Any applicant applying for a local business tax receipt and permit for a Special Event, at the time of securing such tax receipt and permit, be required to file with the Business Tax Receipt Division the following:

(i)

An affidavit that permission has been secured from the owner of the land upon which the Special Event is intended to be held;

(ii)

A bond, collateral agreement or other security conditioned to clean the premises within 24 hours of all rubbish, debris, portable restroom facilities, and all equipment after use by the applicant;

(iii)

A written statement from the building department of the city that the site upon which the Special event is intended to be held is not within any prohibited area;

(iv)

A written statement of the fire department serving the city that the tents or temporary buildings or structures under which the operations are to be held are fireproof material and will not constitute a fire hazard.

(i)

Any person found violating these Special Event regulations shall be subject to a fine of up to two hundred fifty dollars ($250.00) per day for the first occurrence, and five hundred dollars ($500.00) per day for each additional occurrence, in accordance with article III, section 2 [section 9-87] or the penalties in section 1-13 of the City Code of Ordinances.

(i)

Alternatively, the code enforcement board or special magistrate are authorized to impose a fine not to exceed one thousand dollars ($1,000.00) per day for a first violation, not to exceed five thousand dollars ($5,000.00) per day for a repeat violation, and up to fifteen thousand dollars ($15,000.00) per violation if the violation is found to be irreparable or irreversible in nature.

(ii)

As provided for in F.S. Ch. 633, and the National Fire Protection Association Fire Code, as adopted by the State of Florida, where Special Event conditions exist that are deemed hazardous to life or property by the City Fire Chief, or designee, the City Fire Chief, or designee shall have the authority to summarily abate such hazardous conditions that are in violation of this Article or the National Fire Protection Association Fire Code. Including ordering the Special Event attendees to vacate, or temporarily close for use or occupancy, a building, the right-of-way, sidewalks, streets, or adjacent buildings or nearby areas.

(iii)

Each occurrence shall constitute a separate violation and shall be adjudicated before the code enforcement board or special magistrate.

(iv)

Any violation of these Special Event regulations shall constitute a nuisance; and the city may take all reasonable action to abate the nuisance and may assess a lien against the real and personal property of the violator for the reasonable cost incurred by the city in abating the nuisance. The office of the city attorney may bring suit on behalf of the city, or any affected citizen may bring suit in his/her name against the person or persons causing or maintaining the nuisance, or against the owner/agent of the building or property on which the nuisance exists. Relief may be granted according to the terms and conditions of F.S. Ch. 60, as amended from time to time.

(F)

General Standards for All Temporary Structures

(1)

All temporary structures are subject to the dimensional standards for the applicable zoning district set forth in Article 2: Zoning Districts, as well as the general development and design standards in Article 4: Development and Design Standards.

(2)

In the case of any conflict, the more restrictive standards, as determined by the Director, shall apply.

(3)

Unless otherwise specified in this Code, any temporary structure shall:

(a)

Obtain any other applicable city, county, state, or federal permits, including building permits and health department permits;

(b)

Not involve the retail sales or display of goods, products, or services within a public right-of-way, except as part of an authorized not-for-profit, special, or city-recognized or authorized event;

(c)

Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;

(d)

Comply with any applicable conditions of approval that apply to a principal use on the site;

(e)

Not have substantial adverse effects or noise impacts on any adjoining permanent uses or nearby residential neighborhoods;

(f)

Not include permanent alterations to the site;

(g)

Comply with temporary signage standards in § 10-4.10(H), Temporary Signs.

(h)

Shall remove temporary signs associated with the temporary use or structure after the activity ends;

(i)

Not interfere with the normal operations of any permanent use located on the property; and

(j)

Be located on a site containing sufficient land area to allow the temporary use, structure, or special event to occur and accommodate associated pedestrian, parking, traffic movement without disturbing environmentally sensitive lands.

(4)

Duration. A temporary structure may be approved for a period of 30 days, renewable upon specific application for additional six-month periods.

(G)

Additional Standards for Specific Temporary Structures

(1)

General. In addition to the standards in § 10-3.5(D), General Standards for All Temporary Uses, standards for some specific temporary structures shall apply regardless of the zoning district or the review procedure by which it is approved. This section sets forth and consolidates the standards for all temporary structures for which a reference to this section is provided in the "Use-Specific Standards" column of Table 10-3.1: Allowed Uses, and in the same order as they are listed in the table. These standards may be modified by other applicable standards or requirements in this Code.

(2)

Construction-Related Structure or Facility, Temporary

(a)

A construction-related structure or facility shall be used only as office space for construction management and security uses during authorized construction of development, and shall not be used as a residence.

(b)

A construction-related structure or facility shall be assigned a street address before issuance of a Building Permit for the development being constructed.

(c)

All permits required by applicable building, electrical, plumbing, and mechanical codes shall be obtained before placement of temporary construction-related structures and facilities on the site.

(d)

No construction-related structure or facility shall be placed within the right-of-way of a street.

(e)

All temporary construction-related structures and facilities shall be removed from the construction site within 30 days after issuance of the final Certificate of Compliance/Occupancy for the constructed development.

(f)

All temporary construction-related structures and facilities shall meet the setback requirements of the zoning district.

(g)

A building permit for the principal structure must be approved prior to the approval of a permit for temporary construction-related structures and facilities.

(h)

A temporary construction-related structure or facilities may be placed on a property adjacent to the construction site if site constraints make it infeasible to locate the structures or facilities on the construction site, provided the adjacent site is restored to its previous condition within 60 days after issuance of the final Certificate of Compliance/Occupancy for the constructed development. Property owner approval is required in writing.

(3)

Food Truck

(a)

Definitions.

(i)

Mobile food truck means a vehicle which is used to vend food and beverage products and is classified as one (1) of the following:

A.

Class I—Mobile kitchens. These vehicles may cook, prepare and assemble food items on or in the unit and serve a full menu. These vehicles may also vend the products permitted for Class II Mobile Food Trucks.

B.

Class II—Canteen trucks. These vehicles vend pre-cooked foods, pre-packaged foods, pre-packaged drinks and incidental sales of pre-packaged frozen dairy or frozen water-based food products, fruits and vegetables. No preparation or assembly of food or beverage may take place on or in the vehicle; however, the heating of pre-cooked food is permitted.

(ii)

Mobile food vendor means a person who prepares, dispenses or otherwise sells food from a mobile food truck.

(b)

Administrative rules, regulations and application requirements. The city manager or his designee shall adopt, enact and amend administrative rules and regulations, and application requirements for mobile food trucks. These administrative rules and regulations and application requirements shall cover the mobile food vendor permit application requirements, permit fees and the permit renewal procedure.

(c)

Permit requirements.

(i)

Any person engaged in the selling, preparation or dispensing of food from a mobile food truck must purchase a mobile food vendor permit in accordance with this chapter and the application requirements promulgated by the city manager or his designee.

(ii)

A separate business tax receipt will be required for each mobile food truck.

(iii)

An applicant for a Class I Mobile Food Vendor permit shall make their mobile food truck available for inspection by the City of Tamarac Fire Department at a location determined by the fire department. The City of Tamarac Fire Department shall ensure compliance with all applicable federal, state and local fire safety statutes, regulations, ordinances and codes. Subsequently, every Class I Mobile Food Truck must undergo an inspection by the City of Tamarac Fire Department every six (6) months.

(iv)

All mobile food vendors must display the mobile food vendor permit issued by the city in a prominent and visible manner.

(d)

Permitted zoning districts for operation of a mobile food truck. Mobile food trucks shall be permitted to operate as a temporary use in the zoning districts outlined in § 10-3.2. Notwithstanding and in addition to the provisions of this article an application for food truck permit use shall be subject to city approval of all application materials.

(e)

Prohibitions. Mobile food vendors are prohibited from the following:

(i)

Selling or distributing alcoholic beverages;

(ii)

Operating in a city park or city parking lots, municipal swales, municipal, state, and county roadways and public rights-of-way, municipal lots or residentially zoned neighborhoods unless pursuant to a separate agreement with the city;

(iii)

Operating outside of the permitted zoning districts listed in § 10-3.2 unless pursuant to a separate agreement with the city or this chapter;

(iv)

Operating on unimproved surfaces, vacant lots and abandoned business locations unless pursuant to a separate agreement with the city;

(v)

Providing or allowing a dining area, including, but not limited to, tables, chairs, booths, bar stools, benches and standup counters;

(vi)

Selling or dispensing food to customers in a moving vehicle or otherwise engaging in drive-up sales;

(vii)

Parking a mobile food truck:

A.

Within twenty-five (25) feet of a crosswalk.

B.

Within any fire lane or any area dedicated to the parking of law enforcement and/or emergency vehicles.

C.

Within twenty-five (25) feet of any fire hydrant or storm drainage structure.

D.

Within any off-street parking or loading space required by the city's Code for existing land uses located on the same property or plot.

E.

Within any area identified as a sight visibility triangle as defined by § 10-6.3.

(f)

Food truck general regulations.

(i)

Mobile food vendors shall remove all waste and trash at the end of each day.

(ii)

Under no circumstances shall grease be released into the city's sanitary sewer system. No liquid waste or grease is to be disposed in tree pits or onto the sidewalks, streets or other public spaces.

(iii)

In accordance with the Florida Department of Business and Professional Regulation guidelines, all necessary control measures shall be used to effectively minimize, or eliminate when possible, the presence of rodents, roaches and other vermin and insects on the premises of all mobile food Trucks. Each Mobile Food Vendor shall maintain a log containing a written record of the control measures performed by exterminators or other pest control businesses on the mobile food truck. This log shall be open to inspection by city code enforcement officers.

(iv)

Mobile food vendors must not engage in food preparation if the vehicle does not provide water and waste systems as required by the Florida Department of Business and Professional Regulation or otherwise fails to meet sanitation and safety requirements.

(v)

All food service equipment utilized by the mobile food vendor shall be maintained in good repair and a clean condition.

(vi)

A mobile food vendor shall use only single-service food utensils. All single-service food utensils such as cups, straws, knives, forks, spoons and stirrers shall be individually wrapped, kept in a clean place, properly handled and shall be used only once. All cups and containers for bulk drinks shall be stored in closed cartons and served from dispensers which protect their rims from contamination by customers, dust, dirt or flies.

(vii)

All pre-packaged food must be individually wrapped and must comply with the labeling requirements as required by state and federal law. No person shall keep or offer for sale individual portions of perishable food products which have been rewrapped or repackaged or portions of which the identifying date on the wrapper has been altered, disfigured or changed in any manner.

(g)

Operating requirements.

(i)

Mobile food vendors shall have the written consent of the property owner to conduct the activity.

(ii)

Mobile food trucks shall be permitted to operate Thursday through Sunday between 9:00 a.m. and 8:00 p.m. each day, however no mobile food truck shall be parked at one (1) location for longer than six (6) hours.

(iii)

Mobile food trucks shall not exceed ten (10) feet in width, including any side extensions of awnings, twenty-four (24) feet in length, including the length of any trailer hitch, the trailer or other extensions.

(iv)

Mobile food trucks must be self-contained when operating, except for the required trash and/or recycling receptacles, which must be attached to the mobile food truck, and shall not impede free movement of automobiles or pedestrians. The mobile food vendor shall keep all areas within five (5) feet of the mobile food truck clean of grease, trash, paper, cups or cans associated with the vending operation.

(v)

No more than one (1) mobile food truck shall operate on any property at any one (1) time, except as permitted by a special event or authorized permit issued by the city.

(vi)

No more than five (5) mobile food truck permits shall be issued annually for operation of a food truck within the city limits, except as permitted by special event or authorized permit issued by the city.

(vii)

Mobile food trucks operators shall have a written agreement, available upon request, which confirms that employees have access to a flushable restroom within one hundred fifty (150) feet of the vending location during the hours of operation.

(viii)

Mobile food trucks shall adhere to the off-street parking standards as identified in § 10-4.3.

(ix)

Mobile food trucks shall be operated only by the mobile food vendor permittee or by an authorized employee of such permittee.

(h)

Adherence to local, state, and federal regulations for food and beverage service.

(i)

All mobile food trucks shall comply with local, state, and federal regulations governing the storage, preparation, handling, serving and discard of food and beverage items consumed by the public. have adequate mechanical refrigeration equipment that is capable of maintaining food or drink at a temperature of forty (40) degrees Fahrenheit or less, if any food or drink is required to be kept cold.

(i)

Food service provided to persons engaged in construction. Class II Mobile Food Trucks that are being used to provide food and drink to persons engaged in construction in the City of Tamarac are exempt from the provisions of § 10-3.5(G)(3) above, provided such vehicles are only parked for a maximum of one (1) hour on the active site of construction with the property owner's consent.

(j)

Enforcement and penalties.

(i)

A code enforcement officer or a law enforcement officer may issue a civil citation for a violation of this chapter pursuant to the standards and procedures outlined in chapter 9 of the City's Code of Ordinances. Each offense or violation shall constitute a separate instance for which a separate penalty may be imposed.

(ii)

For the purposes of this section, "offense" shall mean a finding of violation by the code enforcement magistrate. An offense shall be deemed to have occurred on the date the violation occurred. An offense occurring twelve (12) months after the last offense shall be treated as a first offense for purposes of incurring new citations and penalties.

(iii)

If, at any time, the Florida Department of Business and Professional Regulation revokes or suspends the mobile food vendor's license, the city's mobile food vendor permit shall be deemed to have been simultaneously revoked or suspended.

(4)

Mobile Classroom, Temporary. Mobile classrooms are allowed on the site of an existing standalone school not within a shopping center, subject to the following standards:

(a)

Mobile classrooms shall be used only as temporary expansion of classroom space pending implementation of definite plans for the permanent expansion of classroom space or alternative means of meeting growing classroom needs. The temporary use of the mobile classroom shall only be valid for two years, after which the applicant must demonstrate efforts made to secure permanent space. A one year extension may be granted per the Director's discretion.

(b)

Mobile classrooms shall meet all required setbacks and bufferyards, and shall not be placed within existing required landscaping or perimeter or streetyard buffer areas, or areas designated on approved development plans for future landscaping, perimeter and streetyard buffers, open space, or vehicular access.

(c)

All permits required by applicable building, electrical, plumbing, and mechanical codes shall be obtained before placement of the mobile classroom on the site.

(5)

Model Home, Temporary. A model home or other building or unit thereof located on the site of new development is allowed to be temporarily used for sales or leasing associated with the development, subject to the following standards:

(a)

Application. A Temporary Use Permit is required. Each permit application shall contain proof or documentation as to the following:

(i)

A plan showing:

A.

The layout of a paved parked area (with appropriate landscaping) having a minimum of ten spaces plus two additional spaces for each additional model after the first model unit in a single-family residential development; or ten spaces plus three additional spaces for each model after the first model unit for multiple-family residential units; or two parking spaces plus one additional parking space for each 100 square feet of commercial project; and one layer of coarse asphalt over all parking surfaces;

B.

Traffic circulation in and around the parking area;

(ii)

A landscape plan showing all items on the originally approved landscape plans plus any other landscaping proposed to be installed with the model complex or the temporary use. A separate drawing showing the required site plan information for the model units' surrounding area in larger scale may be requested by the city planner to assist in review of the application.

(b)

Site Development Standards

(i)

There shall be no more than one such model home per builder in the development.

(ii)

The model home shall be located on a lot or building site approved as part of the development, or within a building approved as part of the development. It shall be located at a place where there will be minimal disruption or inconvenience to the public.

(iii)

The structure used as or containing a sales office if located onsite shall comply with all building setbacks and other development requirements.

(iv)

If a standalone office, separate from the model home is constructed, at least one parking space shall be provided for every 300 square feet of gross floor area devoted to the sales office use. Accessible parking for persons with physical disabilities is required.

(c)

Upon Termination. On termination of the temporary real estate sales/leasing use, the model shall be converted to a permanent permitted use or removed within 30 days after issuance of the final certificate of occupancy for the constructed development. If the building is converted to a permanent use, all necessary changes to conform to the original approved site plan of the project shall be made before the certificate of occupancy is issued.

(d)

Termination for Noncompliance. The commission shall have sole discretion by motion or resolution to terminate such temporary use 30 days after written notification to the applicant, provided the commission has made any of the following determinations:

(i)

There has been a cessation of continuous construction of the project, or failure to commence construction of the models, administrative office, sales office, accessory structures or any other commercial structure within six months of the date of commission approval;

(ii)

The temporary use or the operation of an approved temporary commercial enterprise was not solely in furtherance of expediting the construction and completion of the subject project;

(iii)

The applicant for such temporary use has not complied with the terms and conditions specified by the commission;

(iv)

There is more than minimal disruption or inconvenience to the existing community when models are used at one project for another project as permitted in subsection (a) above; or

(v)

The structure or grounds around the temporary use are not being maintained in an aesthetically acceptable manner.

(6)

Portable Storage Unit, Temporary. Temporary storage in a portable storage unit may be permitted to serve an existing use on the same lot, subject to the following standards:

(a)

No more than one unit shall be located on a lot, at one time, and no larger than 130 square feet in total area.

(b)

No unit shall be placed on a lot for more than 21 days within any calendar year. If more than one portage storage unit is to be used on a lot, these time regulations shall begin from the date at which the first unit was placed on the lot.

(c)

Notwithstanding the time limitations stated above, all portable storage units shall be removed from the City immediately upon the issuance of a hurricane warning by a recognized governmental agency. The removal of a portable storage unit during a hurricane warning is the responsibility of the owner/operator of the lot.

(d)

The owner and operator of the lot containing a portable storage unit shall ensure that the unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing, or other holes or breaks. The unit shall be kept locked when not being loaded or unloaded.

(e)

The owner and operator of the lot containing a portable storage unit shall ensure that no hazardous substances are stored within the unit.

(f)

The owner and operator of the lot proposed to contain a portable storage unit shall obtain a Temporary Use/Structure Permit per § 10-5.4(K) for any unit in any zone district. The Temporary Use/Structure Permit shall be valid for a maximum of seven consecutive days.

(g)

In residential zone districts, a portable storage unit shall only be placed in a driveway or other paved surface, unless the rear of the lot is readily available. The unit shall be setback a minimum of five feet from side property lines, and three feet from the front property lines. In the event that the Director, or designee, determines that there is no driveway, or other paved surface, and the rear of the site is not accessible for placement of a portable storage unit, the Director, or designee, may approve placement of a portable storage unit in the front yard providing that the placement of such portable storage unit does not obstruct the free, convenient, and normal use of the public right-of-way or access to any dwellings.

(h)

In non-residential zone districts, a portable storage unit shall only be placed in the rear or side portion of a site. Under no circumstances shall a portable storage unit be placed in an area fronting a street or road, or in the front parking lot. All portable storage units shall comply with all applicable zoning requirements as it relates to setback and use requirements. The placement of a portable storage unit in fire lanes, passenger loading zones, commercial loading zones or public rights-of-way shall be strictly prohibited.

(Ord. No. 2021-013, § 2, 3-24-21; Ord. No. O-2023-012, § 2, 5-10-23)