1. 1.
   Public safety. No fence, wall or hedge shall be constructed or maintained within three feet of a fire hydrant, water connection, or other emergency apparatus placed for the purpose of fire protection. Fences, walls or hedges shall not be placed within the area required by applicable fire and life safety codes to be clear and unobstructed for passage of emergency vehicles or for the ingress and egress of persons or animals.
2. 2.
   Special fence prohibitions. No barbed wire, electrical elements, or other hazardous materials shall be maintained as a fence or part of a fence or wall in a residential district. The top surface of any chainlink or cyclone fence shall be crimped to eliminate the exposure of sharp edges.
3. 3.
   Permits. All fences, walls, or hedges, except those exempted in subsection (a)(5) of this section, shall comply with appropriate zoning clearance and building permit procedures. An occupancy permit shall not be issued until all required fences, walls, or screening hedges are erected, constructed, or installed.
4. 4.
   Maintenance. All fences and walls shall be maintained in a safe and nonhazardous condition. The city building and zoning department shall make any required determinations as to the condition of a fence or wall.
5. 5.
   Exemptions. All agricultural fences in the ROS or W districts and temporary fences or walls used at a construction site for the purpose of security or protection shall be exempt from the provisions of this section. However, such fences or walls shall comply with the visibility requirements of subsection 94-305(c). Temporary fences at construction sites shall comply with the requirements of subsection 94-450(e).
6. 6.
   Fencing, hedges and walls prohibited East of Flagler Drive. For residential parcels bordering Flagler Drive where the principal residence is (or should be if the lot is empty) to the west of Flagler and the parcel includes non-contiguous residential property east of Flagler Drive, fencing, hedges or walls shall be prohibited east of Flagler Drive. Gating or fencing on docks east of the seawall shall not be prohibited with proper permitting.

1. 1.
   Maximum height. In residential districts, no fence or wall shall exceed six feet in height within required side and rear setbacks. Fences or walls shall not be in excess of 48 inches in height within the required front setback. Hedges shall not exceed ten feet in height in any required setback.
2. 2.
   Maximum height, exception. On corner lots and through lots adjacent to a collector or arterial right-of-way as designated by the city engineer, a fence, or wall shall not exceed six feet in height and a hedge ten feet in height within the required front setback adjacent to the collector or arterial right-of-way. On residential lots directly abutting commercial or industrial zoning districts, a fence or wall shall not exceed eight feet in height within the side or rear setback, outside of the front setback, where the property abuts the commercial or industrial zoning district. Fences, walls and hedges installed pursuant to this section shall be subject to the clear vision requirements of subsection 33-112(e) of this Code.
3. 3.
   Special fence prohibitions. No barbed wire, electrical elements, or other hazardous materials shall be maintained as a fence or wall in a residential district. The top of any chain link or cyclone fence shall be crimped to eliminate the exposure of sharp edges.

1. 1.
   Maximum height. In nonresidential districts, no fence, hedge or wall shall exceed eight feet in height within the required side and rear setbacks. Fences and wall shall not exceed 48 inches in height within the required front setback.
2. 2.
   Barbed wire permitted. No more than three strands of barbed wire may be used at the top of a fence or wall. The strands must be located at least six feet above grade or mounted vertically or at an angle projecting interior to the property and must not encroach beyond the property line.

1. 1.
   Accessory structures must be constructed simultaneously with, or following the construction of the main building and shall not be occupied until after the principal structure has received a certificate of occupancy. No accessory structure shall be constructed or established on any lot prior to the time of construction or relocation of the principal structure to which it is accessory.
2. 2.
   Conversion of detached garages or other accessory structures for the purpose of creating a dwelling unit shall be permitted only if the newly created dwelling unit is permitted and all code requirements are satisfied.
3. 3.
   Any required off-street parking that is deleted or rendered unusable by a conversion or addition pursuant to the provisions of this section shall be replaced in a manner consistent with ARTICLE XV parking of the zoning code.
4. 4.
   Donation collection bins prohibited. It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored, kept or maintained a donation collection bin in or on any lot, parcel or tract of land or body of water in any zoning district or on public property. A donation collection bin is hereby defined as a receptacle designed with a door, slot or other opening and which is intended to accept and store donated items; provided, however, the definition of donation collection bins shall not include recycling bins for pre-sorted recyclable materials that would otherwise go to the landfill such as beverage containers, glass, aluminum, plastics, steel, cardboard, paper and plastic bags, magazines, newspapers, and paper products.

1. 1.
   Maximum square footage. The total floor area of all roofed accessory buildings on a property shall not exceed 75 percent of the gross floor area of the primary structure with a maximum floor area of 1,000 square feet.  For the residential neighborhoods of Echo Lakes and Westfield, all roofed accessory buildings are prohibited.  This prohibition does not include gazebos and screen enclosures.
2. 2.
   Setbacks.

   Front: 25 feet.

   Side: Five feet from the lot lines.

   Corner: Same as required for principal structure.

   Rear: Five feet minimum or 15 feet from the centerline of the alley to a garage door facing the alley, whichever is greater.

3. 3.
   Building separation. Accessory structures covered with a solid roof shall be located no closer than six feet to the principal structure. Accessory structures less than six feet from the primary structure must meet the primary structure setbacks. Accessory structures may be connected to the principal structure with a canvas covered open breezeway.
4. 4.
   Height. Accessory structures shall not exceed 25 feet.

1. 1.
   Rear yard, behind the rear of the primary structure, five feet from the side and rear property lines.
2. 2.
   Side setback, five feet behind the front of the primary structure, five feet from the side property line.  For corner lots, the shed must be a minimum of five feet behind the building line.  If visible from the street, sheds must be screened with an opaque fence or landscape hedge that is a minimum of five feet at installation with the potential to grow to and be maintained at 10 feet within the required setbacks.

No more than one shed shall be permitted per property.  Sheds shall not be habitable.  A shed shall be no greater than 12 feet in length on any side and shall be no greater in height than 10 feet measured to the top of the structure and shall be no larger in area than 120 gross square feet. 

1. 1.
   Screen enclosures attached to or detached from the principal building shall be considered an accessory structure if the roof and all sides of the enclosure attached to the principal building are made of screening material. In such cases the accessory building setbacks shall apply to the enclosure.
2. 2.
   Roofed screened enclosures attached to the principal building shall be considered part of the principal structure and all principal building setbacks for the respective zoning district shall apply.

1. 1.
   Additional application requirements.

   1. a.
      Permitted with extra requirements. In the event a property owner cannot meet any of the additional standards shown in subsection (b), any waivers shall require approval by the zoning board of appeals as a Class B special use permit.
   2. b.
      Above ground swimming pools are prohibited.
2. 2.
   Additional standards.

1. 1.
   Measurement. Setbacks shall be measured by the shortest dimension, running from the property line to the building line.
2. 2.
   Effect of future rights-of-way. When future right-of-way lines are established by the city commission, all setbacks shall be measured from the established right-of-way.

1. 1.
   Joint use prohibited. The setback or open space of a building on one lot shall not be considered as the setback or open space for a building on any other lot except where unity of title is provided for all affected properties.
2. 2.
   Structural intrusions. Structural overhangs, including but not limited to balconies, cornices, gutters, eaves, and roof overhang projections shall not extend farther than three feet into any setback.
3. 3.
   Sills and belt courses. Sills and belt courses may project 12 inches into a setback.
4. 4.
   Mechanical equipment. Mechanical equipment may not project more than four feet into a setback. Window air-conditioning units may not project more than 18 inches into a required side setback.
5. 5.
   Awnings. Awnings shall not project more than four feet into any setback or be supported by any means other than attachment to the building.
6. 6.
   Wing walls. Wing walls shall conform to the normal setback requirements whenever they exceed the allowable height of a fence.
7. 7.
   Steps and porches. Steps, open uncovered porches or stoops, and open terraces which are three feet or less above grade may encroach into any required setback area to a point not closer than two feet to the property line. Any grade differential between the encroaching step, porch, stoop, or terrace and adjacent property shall be structurally retained and positively drained in a manner that will prevent any drainage discharge to any property contiguous to the side or rear property lines.
8. 8.
   Bay windows. Bay windows may not project more than three feet into any front or rear setbacks, and not more than 18 inches into any side setback.
9. 9.
   Outside stairways. Outside stairways over three feet in height above grade shall meet all setback requirements of the main structure.
10. 10.
    Chimneys. Chimneys may project no more than 18 inches into any setback.
11. 11.
    Railroad tracks. Side and rear setback requirements may be waived if yards abut a railroad track, siding or easement. Construction of buildings shall be permitted up to the abutting side or rear property lines, except in residential districts.
12. 12.
    Access. Access drives meeting the provisions of section 94-312 may be placed in the required front, side, or rear setback to provide access to accessory or attached structures. Sidewalks, terraces, or other similar improvements in excess of nine inches above the grade shall not be permitted in any setback.
13. 13.
    Obstructions prohibited. Required front, side, and rear setbacks shall be open and unobstructed by structures from the ground to the sky except as specifically permitted by this section.

1. 1.
   Multifrontage lots. Unless otherwise provided by this chapter, the required front setback shall be required for all lots having frontage on more than one street.
2. 2.
   Waterfront tidal setback. All residential principal and accessory structures on waterfront lots subject to tidal action shall be set back at least 25 feet from the mean highwater mark. Where seawalls constructed on or behind the mean highwater mark exist, the setback shall be at least 15 feet.
3. 3.
   Fresh water setback. All residential principal and accessory uses located on nontidal waterfront lots shall be set back at least ten feet from the mean highwater mark. The mean highwater mark shall be determined by the overflow elevation of any controlling device, structure, pipe, or ditch.

1. 1.
   Proof of submerged land ownership shall be provided.
2. 2.
   The applicant will provide a statement concurrent with land development application or building permit application, in a form acceptable to the city attorney, that an application to fill and utilize submerged lands will not be filled following approval of the planned development district or issuance of building permit. However, nothing in this section shall prohibit such water related uses as swimming, fishing, and boating.
3. 3.
   The density attributed to submerged lands shall be allowed to be utilized with upland density. The number of units allowed to be added to the upland density is the lesser of 75 percent of the density attributed to the submerge land or 12½ percent of the upland density. Density sought in excess of this formula may be placed upon upland by application for a PDD. Upland is land that has a bulkhead, and if not a bulkhead, then the mean high water line on the shore.
4. 4.
   Any property with an aggregate of upland and submerged acreage of two acres or more may apply for a PDD in order to increase the utilization of submerge land. The amount of submerged land to be used in determining ultimate development potential shall not exceed the gross square footage of upland property.

1. 1.
   Construction permitted. Townhouses may be constructed in the following residential zoning districts: MF14, MF20 and MF32.
2. 2.
   Density permitted. The number of townhouses permitted shall not exceed the number of dwelling units per acre allowed by right or as a planned development in the underlying zoning district.
3. 3.
   Common ownership. Common ownership of certain property within a townhouse development shall be allowed; however, at least 100 percent of the ground floor building area of each unit shall be conveyed to the owner in fee simple title. In the event less than 100 percent of the lot area is, conveyed to the owners of the units, a property owners association shall be established to provide for the maintenance of all common areas. In the event 100 percent of the lot area is conveyed to the owners of the units, then a property owners maintenance association shall be established to ensure compliance with regulations that are adopted for exterior area maintenance.
4. 4.
   Minimum number of units. At least eight townhouse units must be constructed if a property owners' association for common area maintenance is to be established.
5. 5.
   Maximum number of contiguous units. Unless a waiver in a planned development district is obtained, no more than eight townhouse units may be connected by common walls.
6. 6.
   Development standards.

   1. a.
      Minimum lot area: 1,800 square feet.
   2. b.
      Minimum lot width: 16 feet.
   3. c.
      Maximum building height: 35 feet.
   4. d.
      Required setbacks.

      1. 1.
         Front: 20 feet.
      2. 2.
         Side: ten feet, or zero feet for units sharing a common wall.
      3. 3.
         Rear: 15 feet or ten percent of lot depth, whichever is less.
   5. e.
      Minimum building separation: 20 feet between townhouse complex structures or accessory structures.
   6. f.
      Minimum floor area: 900 square feet of net floor area, excluding attic, garage and utility areas.

1. 1.
   Constructed permitted. Single-family zero lot line homes may be constructed only in a planned development district.
2. 2.
   Development standards.

   1. a.
      Minimum lot area: 4,500 square feet.
   2. b.
      Minimum lot width: 45 feet.
   3. c.
      Minimum lot width (corner): 60 feet.
   4. d.
      Minimum lot depth: 75 feet.
   5. e.
      Maximum building height: 35 feet.
   6. f.
      Pool setbacks.

      1. 1.
         Front (not permitted within front setback).
      2. 2.
         Side (interior): five feet.
      3. 3.
         Side (zero lot line): five feet.
      4. 4.
         Corner: 15 feet.
      5. 5.
         Rear: five feet.
      6. 6.
         Principal structure: five feet.
   7. g.
      Screen enclosure.

      1. 1.
         Front (not permitted within front setback).
      2. 2.
         Side (interior): three feet.
      3. 3.
         Side (zero lot line): zero feet.
      4. 4.
         Corner: 15 feet.
      5. 5.
         Rear: three feet.
   8. h.
      Required setbacks.

      1. 1.
         Front (front load garage): 25 feet.
      2. 2.
         Front (side load garage): 20 feet.
      3. 3.
         Side (interior): ten feet.
      4. 4.
         Side (zero lot line): zero feet.
      5. 5.
         Corner: 15 feet.
      6. 6.
         Rear: ten feet.
3. 3.
   Accessory buildings. Accessory buildings shall meet the setback requirements for the principal structure.
4. 4.
   Color schemes. A minimum of three different color schemes shall be utilized.
5. 5.
   Entry and street landscape plans. An entry landscape plan and street landscape plan shall be utilized.
6. 6.
   Landscape buffer plan. A landscape buffer plan shall be utilized to provide and maintain a 25-foot landscape buffer along the entire edge of the property adjacent to a road right-of-way.
7. 7.
   Unit landscape plans. A minimum of three different unit landscaping plans shall be utilized.
8. 8.
   Exterior modifications. If less than three models are to be utilized, at least one significant exterior modification shall be used on every fifth lot. Such modification may include side-load garages, different facade materials, or different roof lines. Mirror images shall not constitute a significant exterior modification.
9. 9.
   Structure recession. A portion of the zero lot line side of the structure (maximum 50 percent) may be recessed from the lot line to accommodate entrances into the unit. The minimum recessed distance shall be four feet. However, such recesses shall not be adjacent to the private outdoor areas of the adjacent unit. In such instances the configuration and location of the adjacent unit must be shown on the building permit submitted.
10. 10.
    Roof eaves. Roof eaves may project over the zero lot line up to a maximum of 18 inches if adequate gutters are provided to prevent runoff onto the contiguous property, and if an appropriate easement is recorded for the roof encroachment.
11. 11.
    Walls or privacy fences. A five-foot wall or privacy fence shall be constructed along the zero lot line from the rear of the principal structure to the rear property line and when a rear property line abuts another rear or side property line.
12. 12.
    Window openings. Window openings shall be prohibited along the zero lot line.
13. 13.
    Ownership. Single-family zero lot line lots shall be conveyed in fee simple title.

1. 1.
   Accessory use solar energy systems are permitted by right in all zoning districts, and shall comply with the conditions established in this section, applicable development standards for each zoning district, and permitting requirements. Solar energy systems shall be installed in historic districts and on historic properties in accordance with the historical residential design standards set forth in subsection 94-45(2). In the event of a conflict, the most detailed regulation shall take precedence.
2. 2.
   Prior to issuing permits, the planning and zoning administrator may request that the property owner provide written certification that the energy produced by the solar energy system is reasonably equivalent to the electrical usage of the property and any selling of excess energy is incidental. This provision shall not have the effect of prohibiting the installation of solar energy systems on properties without historical usage data, in accordance with F.S. § 163.04.
3. 3.
   Building-integrated systems shall be permitted by-right in each zoning district.
4. 4.
   Rooftop systems.

   1. a.
      Sloped roofs—Height. On sloped roofs, the highest point of the solar collectors shall not exceed the highest rooftop peak and must be installed parallel to the roof surfaces to which they are attached provided such location does not impair the effective operation of the solar collectors. Solar collectors may be mounted up to one foot above roof surfaces to which they are attached.
   2. b.
      Flat roofs—Height. On flat roofs, the highest point of the system shall be permitted to exceed the district's height limit by a maximum of six feet above the rooftop to which it is attached.
5. 5.
   Ground-mounted systems.

   1. a.
      Ground-mounted solar energy systems shall not exceed the lesser of 25 feet or the height of the primary structure.
   2. b.
      Ground-mounted solar energy systems shall not be located closer than six feet from the primary structure, unless the system is architecturally integrated into the primary structure, including, but not limited to, awnings, carports, shade structures, or other such structures as determined by the planning and zoning administrator.
   3. c.
      Screening and fencing. Systems over six feet shall be required to be screened with an opaque fence. Systems under six feet shall be screened with landscape, opaque fence or combination. The planning and zoning administrator may recommend additional or alternative specific types of fencing, screening, and/or walls appropriate to the site and surrounding land uses.
   4. d.
      Ground-mounted systems may be sited in side, corner, and rear yard areas in accordance with applicable requirements in subsection 94-304(b)(2). Ground-mounted systems may be sited in front yards if the system is architecturally integrated into the primary structure, including, but not limited to, awnings, carports, shade structures, or other such structures as determined by the planning and zoning administrator.
6. 6.
   Pole-mounted systems shall be permitted by-right in each zoning district, subject to all of the requirements for ground-mounted solar energy systems except provisions pertaining to screening and fencing.
7. 7.
   Decommissioning. The development services director may request proof of operation from the property owner, due within 14 days of the request. Any system which becomes inoperable shall at the owner's expense be made operational or shall be removed from the property within 90 days of the date the system became inoperable.

1. 1.
   Major thoroughfares means all major and minor arterial and collector streets as set forth in the traffic circulation element of the comprehensive plan of the city.
2. 2.
   Level of service (LOS) means the measure of a roadway's traffic carrying capability in terms of flow characteristics and operating speeds.

   1. a.
      Level of service "C" means a high volume and stable flow of vehicular traffic and is the design capacity for urban roadways. (See Table X-3.)

      TABLE X-3: LEVEL OF SERVICE "C"
      DESIGN TYPE	AVERAGE ANNUAL DAILY TRIPS (AADT)
      Two-lane (two-way)	10,000
      Two-lane (one-way)	12,000
      Four-lane (undivided)	20,000
      Five-lane (undivided)	24,000
      Four-lane (divided)	24,000
      Six-lane (divided)	36,000
      Eight-lane (divided)	48,000
      Six-lane expressway	72,000
      Eight-lane express	96,000

      TABLE X-3: LEVEL OF SERVICE "C"
      DESIGN TYPE	AVERAGE ANNUAL DAILY TRIPS (AADT)
      Two-lane (two-way)	10,000
      Two-lane (one-way)	12,000
      Four-lane (undivided)	20,000
      Five-lane (undivided)	24,000
      Four-lane (divided)	24,000
      Six-lane (divided)	36,000
      Eight-lane (divided)	48,000
      Six-lane expressway	72,000
      Eight-lane express	96,000

      TABLE X-3: LEVEL OF SERVICE "C"
      DESIGN TYPE	AVERAGE ANNUAL DAILY TRIPS (AADT)
      Two-lane (two-way)	10,000
      Two-lane (one-way)	12,000
      Four-lane (undivided)	20,000
      Five-lane (undivided)	24,000
      Four-lane (divided)	24,000
      Six-lane (divided)	36,000
      Eight-lane (divided)	48,000
      Six-lane expressway	72,000
      Eight-lane express	96,000

      TABLE X-3: LEVEL OF SERVICE "C"
      DESIGN TYPE	AVERAGE ANNUAL DAILY TRIPS (AADT)
      Two-lane (two-way)	10,000
      Two-lane (one-way)	12,000
      Four-lane (undivided)	20,000
      Five-lane (undivided)	24,000
      Four-lane (divided)	24,000
      Six-lane (divided)	36,000
      Eight-lane (divided)	48,000
      Six-lane expressway	72,000
      Eight-lane express	96,000

   2. b.
      Level of service "D" means high volume and tolerable operating speeds where unstable flow characteristics are approached during peak hour periods. (See Table X-4.)

      TABLE X-4: LEVEL OF SERVICE "D"
      DESIGN TYPE	AVERAGE ANNUAL DAILY TRIPS (AADT)
      Two-lane (two-way)	11,500
      Two-lane (one-way)	13,800
      Four-lane (undivided)	23,200
      Five-lane (undivided)	27,600
      Four-lane (divided)	27,600
      Six-lane (divided)	41,400
      Eight-lane (divided)	55,200
      Six-lane expressway	82,800
      Eight-lane express	110,400

      TABLE X-4: LEVEL OF SERVICE "D"
      DESIGN TYPE	AVERAGE ANNUAL DAILY TRIPS (AADT)
      Two-lane (two-way)	11,500
      Two-lane (one-way)	13,800
      Four-lane (undivided)	23,200
      Five-lane (undivided)	27,600
      Four-lane (divided)	27,600
      Six-lane (divided)	41,400
      Eight-lane (divided)	55,200
      Six-lane expressway	82,800
      Eight-lane express	110,400

      TABLE X-4: LEVEL OF SERVICE "D"
      DESIGN TYPE	AVERAGE ANNUAL DAILY TRIPS (AADT)
      Two-lane (two-way)	11,500
      Two-lane (one-way)	13,800
      Four-lane (undivided)	23,200
      Five-lane (undivided)	27,600
      Four-lane (divided)	27,600
      Six-lane (divided)	41,400
      Eight-lane (divided)	55,200
      Six-lane expressway	82,800
      Eight-lane express	110,400

      TABLE X-4: LEVEL OF SERVICE "D"
      DESIGN TYPE	AVERAGE ANNUAL DAILY TRIPS (AADT)
      Two-lane (two-way)	11,500
      Two-lane (one-way)	13,800
      Four-lane (undivided)	23,200
      Five-lane (undivided)	27,600
      Four-lane (divided)	27,600
      Six-lane (divided)	41,400
      Eight-lane (divided)	55,200
      Six-lane expressway	82,800
      Eight-lane express	110,400

3. 3.
   Background traffic means projected traffic from approved but not yet completed developments which will likely affect the major thoroughfares within the area of a proposed development.
4. 4.

   Total traffic means the sum of the existing traffic, the background traffic, and the anticipated traffic to be generated by a proposed development.

5. 5.

   Significant impact means either of the following:

   1. a.
      The assigned traffic volume from a proposed development exceeds the percentage of LOS "D" capacity listed below on any links within the radius of influence that have an existing volume greater than LOS "D" capacity:

      1. 1.
         Two-lane: Five percent.
      2. 2.
         Four-lane: Four percent.
      3. 3.
         Six-lane: Three percent.
   2. b.
      The total assigned traffic volume from a proposed development exceeds ten percent of the total LOS "D" capacity of all links within the radius of influence that have existing volumes greater than the LOS "D" capacity.
6. 6.
   Existing average annual daily traffic (AADT) means the data thereof established and utilized by the county metropolitan planning organization (MPO) or the state department of transportation (DOT).
7. 7.
   Land use plan means the future land use element of the comprehensive plan of the city.
8. 8.
   Link means the roadway segment between two intersections.
9. 9.
   Intersections means the junction of two or more major thoroughfares.
10. 10.
    Rezoning means any change in the zoning classification and any approval of a special exception or special use.
11. 11.
    Directly accessed means ingress and egress of a proposed development on a major thoroughfare.
12. 12.
    Radius of development influence means the area surrounding a proposed development as set forth in Table X-5 below or the area in which the traffic impact on major thoroughfares exceeds one percent of the LOS "C" capacity on any thoroughfare. (See Table X-3.)

    TABLE X-5: RADIUS OF DEVELOPMENT INFLUENCE*
    LAND USE	DISTANCE
    Residential	5 miles or as required by DRI
    Commercial or industrial:
    0 to 49,999 square feet	2 miles
    50,000 to 99,999 square feet	3 miles
    100,000 to 199,999 square feet	4 miles
    200,000 to 399,999 square feet	5 miles
    400,000 or more square feet	5 miles or as required by DRI
    Other applicable uses	5 miles
    *The project's radius of development influence shall be defined as road miles from the proposed project, not as a geometric radius.

    TABLE X-5: RADIUS OF DEVELOPMENT INFLUENCE*
    LAND USE	DISTANCE
    Residential	5 miles or as required by DRI
    Commercial or industrial:
    0 to 49,999 square feet	2 miles
    50,000 to 99,999 square feet	3 miles
    100,000 to 199,999 square feet	4 miles
    200,000 to 399,999 square feet	5 miles
    400,000 or more square feet	5 miles or as required by DRI
    Other applicable uses	5 miles
    *The project's radius of development influence shall be defined as road miles from the proposed project, not as a geometric radius.

    TABLE X-5: RADIUS OF DEVELOPMENT INFLUENCE*
    LAND USE	DISTANCE
    Residential	5 miles or as required by DRI
    Commercial or industrial:
    0 to 49,999 square feet	2 miles
    50,000 to 99,999 square feet	3 miles
    100,000 to 199,999 square feet	4 miles
    200,000 to 399,999 square feet	5 miles
    400,000 or more square feet	5 miles or as required by DRI
    Other applicable uses	5 miles
    *The project's radius of development influence shall be defined as road miles from the proposed project, not as a geometric radius.

    TABLE X-5: RADIUS OF DEVELOPMENT INFLUENCE*
    LAND USE	DISTANCE
    Residential	5 miles or as required by DRI
    Commercial or industrial:
    0 to 49,999 square feet	2 miles
    50,000 to 99,999 square feet	3 miles
    100,000 to 199,999 square feet	4 miles
    200,000 to 399,999 square feet	5 miles
    400,000 or more square feet	5 miles or as required by DRI
    Other applicable uses	5 miles
    *The project's radius of development influence shall be defined as road miles from the proposed project, not as a geometric radius.

13. 13.
    Capacity means the maximum AADT volume which a link can accommodate at a particular LOS. (See Tables X-3, X-4 and X-5.)

1. 1.
   Any person seeking any of the following zoning approvals or development orders shall submit to the city a traffic impact study (TIS) as defined herein:

   1. a.
      A rezoning to a commercial district;
   2. b.
      A rezoning to an industrial district;
   3. c.
      A rezoning which allows a higher density of residential development;
   4. d.
      A rezoning to a planned community district or a planned development district; or
   5. e.
      A development of significant impact (DSI) approval.
2. 2.
   Any proposed development that will generate less than one percent of the AADT capacity of LOS "C" on links directly accessed by the proposed development has no significant effect on the major thoroughfares within the project area. A finding by the city that a proposed development has no significant effect shall obviate the necessity of a traffic impact study.
3. 3.
   A proposed development that will generate from one percent to three percent of the AADT capacity at LOS "C" on links directly accessed by the proposed development has a minor effect on the major thoroughfares within the project area. The traffic impact study shall pertain to the effects of the proposed development on such links and need not concern other portions of major thoroughfares.
4. 4.
   A proposed development that will generate more than three percent of the AADT at LOS "C" on links directly accessed by the proposed development has a significant effect on the LOS for major thoroughfares within the project area. A traffic impact study is required for such proposed developments and shall be submitted to the city.
5. 5.
   In an approved planned community district (PCD) with an approved overall traffic impact study, additional traffic impact studies shall not be required for rezoning of tracts within such PCD to an RPDD or CPDD zoning classification, provided RPDD rezoning requests are in accord with the approved PCD concept plan and provided that proposed uses and floor area rations of CPDD rezoning requests do not differ by more than five percent from those utilized in the overall traffic impact analysis.

1. 1.
   The TIS shall be conducted to determine whether major thoroughfares serving the proposed development exceed reasonable and safe levels of service at any time during the construction of, upon the completion of, the proposed development.
2. 2.
   Major thoroughfares shall be maintained at levels of service having stable flow characteristics and shall approach unstable flow conditions only during peak traffic periods, more specifically defined as LOS "D."
3. 3.
   In determining the effects of a proposed development on levels of service, the traffic impact study shall address all of the following areas:

   1. a.
      Traffic characteristics and levels of service of existing major thoroughfares within the proposed development's radius of development influence;
   2. b.
      Trip generation and origin-destination projects for the proposed development;
   3. c.
      Impacts of the proposed development on affected major thoroughfares including levels of service;
   4. d.
      Impacts of background traffic;
   5. e.
      Radius of development influence;
   6. f.
      Effects of phasing of the proposed development, including relationships to the long range thoroughfares plans of the city and the county metropolitan planning organization, and to the five-year work program of the county metropolitan planning organization and the state department of transportation;
   7. g.
      Effects of roadway alterations anticipated in the proposed project, including intersection improvements, turn lanes, signalization, medians, and other improvements;
   8. h.
      Highway and intersection design capacities;
   9. i.
      Impacts of the proposed development on hazardous intersections (more than five accidents per year or ACC/MEV plus or minus 0.5) within the radius of influence.
4. 4.
   The following standards and methods of evaluation shall be used in preparing the traffic impact study:

   1. a.
      The traffic generated by the proposed development shall be computed and traffic assignments made for each link within the project's radius of development influence. Unless a different schedule of rates is permitted by the city, the rates published in the latest edition of the Institute of Transportation Engineer Trip Generation and Informational Report shall be used;
   2. b.
      The AADT set forth in Table X-4 of this section shall be used as the LOS standard;
   3. c.
      The TIS may address peak-hour intersection capacities in lieu of AADT rates. In such event, the TIS shall contain detailed intersection analysis for all intersections within the radius of development influence. The 1965 Highway Capacity Manual (including the Northwestern Nomographs) or Transportation Research Circular No. 212, "Interim Material on Highway Capacity," Transportation Research Board, January 1980, shall be referenced and used for documentation. (When current editions become available, such current editions shall be referenced.) All calculations shall be set forth;
   4. d.
      Intersection analysis will not be required for intersections where the sum of peak-hour critical lanes volumes can be shown not to exceed 1,200 vehicles per hour;
   5. e.
      Proposed intersection improvements to increase the LOS shall be considered to the extent that calculations show that the approved links will have sufficient capacity to utilize the capacity of the intersection. Proposed intersection laneage shall be designed in conformity with accepted geometric design standards;
   6. f.
      The traffic impact study shall cover an area defined in Table X-5, or the area in which traffic assignments from a proposed development on major thoroughfares exceeds one percent of LOS "C" capacity, whichever covers the lesser area;
   7. g.
      To determine background traffic, the city shall provide an assignment of all previously approved but incomplete developments relating to the existing major thoroughfare system. Fifty percent of this assignment may be used to address the traffic impacts of background traffic. The proposed developer may present evidence to the city that the impact of background traffic is less than 50 percent. Phasing of a proposed development may be considered in the analysis of background traffic;
   8. h.
      To determine the effects of project phasing, the following may be considered:

      1. 1.
         Separate traffic generation figures and assignments shall be provided for each phase;
      2. 2.
         Where the elevation of phased traffic impact includes the effect of proposed roadway construction, sufficient information shall be provided regarding the proposed construction to ensure that the roadways realistically will be constructed at the assumed time;
      3. 3.
         The phasing of previously approved but incomplete developments shall be considered when the radius of development influence of the previously approved development. An analysis shall be included of the potential positive or negative effects on the traffic generated by the project at each phase of the development; and
      4. 4.
         The traffic impact study shall be prepared and sealed by a qualified traffic engineer licensed to practice in the state.

1. 1.
   Category A. A proposed development that will cause a significant impact on major thoroughfares within the radius of development influence on which existing traffic volume exceeds LOS "D" shall be denied. A proposed category A development may be approved if either of the following conditions are met:

   1. a.
      Roadway improvements necessary to offset the proposed development's traffic impact will substantially provide the LOS required on major thoroughfares serving the project and will be constructed prior to or concurrently with the traffic impact of the proposed development.
   2. b.
      The existing, major thoroughfares impacted which are over capacity are their ultimate section and the proposed development is either one of the following:

      1. 1.
         Residential and less than five acres and 30 units;
      2. 2.
         Commercial and less than two acres;
      3. 3.
         Located in an area that is almost completely developed; or
      4. 4.
         Not predicted to cause a substantial degradation of the LOS of the impacted major thoroughfares.
2. 2.
   Category B. A proposed development that will cause a significant impact on major thoroughfares within the radius of development influence on which the total traffic exceeds LOS "D" shall be denied. A proposed category B development may be approved if the project is phased and both of the following conditions are met:

   1. a.
      No phase will impact a major thoroughfare to a volume exceeding ten percent of the major thoroughfare's design capacity where total traffic on the major thoroughfare exceeds design capacity;
   2. b.
      No phase will impact any major thoroughfare to a volume exceeding 20 percent of that major thoroughfare's design capacity.
3. 3.
   Category C. Where the significant impact on a major thoroughfare within the radius of development influence on the total traffic does not exceed the volumes listed in Table X-4, the proposed development shall be approved. If the proposed development is phased, no phase shall impact a major thoroughfare by more than 20 percent of its design capacity.

1. 1.
   Applicable locations. Docks may be permitted in all zoning districts within the city limits.
2. 2.
   Additional application requirements. Upon submittal of an application for a building permit, two copies of each of the following documents shall be provided with the application. In addition, docks necessitating a Class A special use permit shall provide such additional documents or materials in such quantities required by the city's development application.

   1. a.
      Proof that the applicant is the owner of the property and the holder of the riparian rights;
   2. b.
      Construction plans prepared by and under the seal of a Florida registered professional engineer, architect or landscape architect;
   3. c.
      A site plan drawn to scale sufficient to represent all elements of the proposed dock and of the riparian property from which the dock will project, and of the adjacent properties on both sides thereof;
   4. d.
      A cross section showing all elements of the proposed dock, the bottom of the waterway, as well as the mean high waterline and mean low waterline.
   5. e.
      Valid written approval of the proposed dock by the Florida Department of Environmental Protection (DEP), the U.S. Army Corps of Engineers (the Corps) and/or the South Florida Water Management District (SFWMD) is required unless prohibited by general law. Such written approvals shall contain the date on which the proposed dock was approved.
3. 3.
   Standards applicable to all docks.

   1. a.
      Governmental requirements. Docks shall comply with all applicable federal, state, and local requirements.
   2. b.
      Environment. Marine grasses, ethnic communities, aquatic preserves, manatee sanctuaries, and important estuarine or ecological features shall not be affected significantly by the proposed dock construction. Docks shall not constrict water circulation in Lake Worth.
   3. c.
      No hazard or intrusion. Dock location or design shall not create a hazard to navigation, shall not impede the flow of water; shall not damage or endanger environmentally sensitive areas; and may not contribute to pollution. Construction of the proposed dock shall not intrude upon the riparian rights of others, including rights vested to the public.
   4. d.
      Noncommercial use. Docks shall not be used for any commercial purpose. A commercial purpose includes but is not limited to providing access to any commercial enterprise, docking a boat for a fee, fishing ventures for a fee, marine salvage ventures, teaching or training of any marine-related activity such as boating, fishing or diving, and the sale of marine-related products, such as gasoline and oil, boat equipment, fishing equipment, and diving equipment.
   5. e.
      Impact on neighbors. Construction of the proposed dock shall not intrude upon the riparian rights of adjacent properties.
   6. f.
      Number of docks. A maximum of one dock is permitted per lot. However, if two or more adjacent single family residential lots with existing docks are combined, a maximum of two docks may be preserved. Said adjacent single family residential lots must each contain a minimum of 75 feet in width.
   7. g.
      Mooring slips. The maximum number of mooring slips shall be limited to the following, and must comply with the length, width, location, setback and all other requirements of this section:

      MAXIMUM # OF MOORING SLIPS
      SINGLE FAMILY (SF) ZONING DISTRICTS	MULTIFAMILY (MF) ZONING DISTRICTS	ALL OTHER ZONING DISTRICTS (I.E. COMMERCIAL DISTRICTS, MIXED USE DISTRICTS, PLANNED DEVELOPMENTS, ETC.)
      		USE OF THE PROPERTY
      		ENTIRELY RESIDENTIAL	ENTIRELY COMMERCIAL	MIXED-USE
      2 (1)	1 slip per 4 dwelling units for the first 60 units (or fraction thereof), and 1 additional slip for each 25 dwelling units more than 60 (or fraction thereof)	1 slip per 4 dwelling units for the first 60 units (or fraction thereof), and 1 additional slip for each 25 dwelling units more than 60 (or fraction thereof)	2	1 slip for non-residential, and 1 slip per 4 dwelling units for the first 60 units (or fraction thereof), and 1 additional slip for each 25 dwelling units more than 60 (or fraction thereof)
      NOTES:
      1. A homeowner's association located in a single family residential zoning district possessing riparian rights prior to January 1, 1987, with a dock not exceeding 100 feet in length, may have two mooring slips for each lot contiguous to the riparian property.

1. 1.
   The regulations contained in this section apply to all vacant lots and land disturbing construction and land development activities on properties within the boundaries and jurisdiction of the city.
2. 2.
   This section applies to all properties with an active, printed or expired building permit or demolition permit for any land disturbing construction and/or land development activities.
3. 3.
   All Florida Department of Transportation (FDOT) funded construction is exempt from this section. All FDOT funded or conducted construction activities shall meet the requirements as required by Florida Department of Environmental Protection regulation.
4. 4.
   All other land disturbing construction and land development activities exempt from local permitting authority are exempt from this section. Land disturbing construction and land development activities performed by the city within city right-of-way or on city property are exempt from this section.
5. 5.
   The demolition of existing buildings within the downtown master plan area shall follow the regulations established in subsection 94-102(1) of this Code.
6. 6.
   Where this section and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

1. 1.
   A stormwater pollution prevention plan (SWPPP) pursuant to the city's stormwater management program shall be submitted along with the application for a building permit or demolition permit for any land disturbing construction activities or land development activities. It shall be unlawful to perform, or for the property owner of any construction site to allow to be performed, any construction activity prior to: (i) the issuance of a building permit, a demolition permit or a public right-of-way permit; and (ii) the city's approval of the SWPPP.
2. 2.
   The SWPPP shall be subject to the review and approval of the engineering services director. Such review shall be conducted to ensure that the land disturbing construction or land development activities will be conducted in compliance with the Environmental Protection Agency (EPA) federal guidelines. The engineering services director will respond and notify if any changes are required to the SWPPP. The SWPPP shall be monitored relating to the field conditions and if the measures are not effective, the SWPPP shall be revised.
3. 3.
   A SWPPP may be modified or amended upon the written approval of the engineering services director.
4. 4.
   Unless otherwise provide in this section, the development services director may, after two prior written warnings, revoke any demolition or building permit granted in accordance with this section for violation(s) of this section or any construction site maintenance regulations.

1. 1.
   Job site. Contractors, subcontractors and persons holding permits to perform land disturbing construction or land development activities, and the landowners of construction sites shall cause the construction site to be maintained in a neat and orderly condition that is free from any debris, garbage, junk, used or discarded construction materials, trash or any other foreign substance produced as a result of the land disturbing construction or land development activities, other than debris, garbage, junk, trash or other foreign substance deposited into and contained within a trash receptacle or trash dumpster.

   1. a.
      In all instances where a building permit has not been issued within three months of the completion or abandonment of land disturbing construction activities, the job site shall, within 30 days after the expiration of such three-month period, be brought to grade, tilled, planted and maintained with ground cover to include sodding or seeding which shall have irrigation. Any temporary construction fence shall also be removed. The development services director may grant, in writing, an extension to the time frame for the issuance of a building permit, under this paragraph, when the property owner has demonstrated a good faith effort in pursuing the building permit but that circumstances beyond the control of the contractor and/or permittee have occurred.
   2. b.
      All construction waste and debris from new construction or major alteration or repair shall be kept in an enclosed container to minimize debris from littering adjacent properties and public rights-of-way. The permittee, contractor or property owner shall cause such waste or debris to be removed weekly in accordance with section 74-2 of this Code.
   3. c.
      All mud or debris shall be continually removed from the public sidewalks and streets.
   4. d.
      All weeds and grass shall be maintained in accordance with subsection 74-2(c) and section 94-446 of this Code.
   5. e.
      Contractors, subcontractors, persons holding permits to perform land disturbing construction and land development activities and the landowners of construction sites shall, at the direction of the engineering services director, either repair, or reimburse the city for its costs incurred to repair, any damage to any public right-of-way that is caused by any construction vehicle involved in the land disturbing construction activities or land development activities.
   6. f.
      In the event that the demolition permit or building permit expires, all materials and equipment related to the land disturbing construction or land development activities shall be removed from the job site within ten days of the permit expiration date. The job site shall, within 30 days thereafter, be brought to grade, be tilled and planted with ground cover to include sodding or seeding which shall have irrigation. Said ground cover shall be maintained in accordance with subsections 74-2(c) and section 94-446 of this Code.
2. 2.
   Temporary construction fences. No temporary construction fence may be erected until a site plan depicting the materials, location and access gates has been approved as part of the fence permit issuance.

   1. a.
      Temporary construction fences may not be erected until a demolition permit or building permit for the land disturbing construction or land development activities has been issued, and no more than ten days prior to the commencement of land disturbing construction or land development activities. If land disturbing construction or land development activities do not commence within ten days of fence installation, then, within 15 days of the ten-day period, the fence shall be removed and the site shall be tilled and planted with ground cover to include sodding or seeding which shall have irrigation and shall be maintained in accordance with sections 74-2 and 94-446 of this Code.
   2. b.
      In the event that the demolition permit or building permit expires, all temporary construction fences shall be removed within ten days of the permit expiration date, and within 15 days of removal of the fences, the site shall be brought to grade, tilled and planted with ground cover to include sodding or seeding which shall have irrigation and shall be maintained in accordance with section 74-2 and 94-446 of this Code.
   3. c.
      Temporary construction fences shall comply with the following requirements:

      1. 1.
         Temporary construction fences shall be installed in accordance with the Florida Building Code and Occupational Safety and Health Administration (OSHA) standards. Temporary construction fences installed pursuant to this section shall be subject to the visibility at intersections requirements of subsection 94-305(e) of this Code.
      2. 2.
         All temporary construction fencing shall be maintained in a satisfactory manner by the permittee or landowner, during the entire period of the land disturbing construction and land development activities, to ensure adequate performance, to prevent nuisance conditions and to maintain the public health, safety and welfare.
      3. 3.
         Gates shall be chained and locked with a lock substantial enough to ensure closure and security when workers are not on the job site.
      4. 4.
         No temporary construction fence may encroach beyond the subject property line. No fence may encroach upon the public right-of-way without obtaining the appropriate public right-of-way permit(s).
      5. 5.
         Screening details shall be submitted with the temporary construction fence permit application. Wind screening shall be substantial enough to avoid rips or tears due to wind or sun, and shall have no less than 85 percent opacity. Screening shall be maintained in good condition at all times. Screening graphics shall be approved with a permit pursuant to the provisions of Chapter 94, ARTICLE XIII, sign regulations, of the zoning and land development regulations of this Code.
      6. 6.
         All wind screening materials shall be removed upon the issuance of a hurricane warning for an area including the city. Screening materials shall be reinstalled not more than ten days after the hurricane threat has ended.
      7. 7.
         The development services director may grant the use of a temporary movable construction fence as part of a phased construction or phased demolition permit. Within ten days of the completion of the phase of construction or demolition, the temporary movable fence shall be removed, and may be replaced by another temporary construction fence meeting the provisions of this section.
   4. d.
      The development services director may grant, in writing, a restriction or extension to the time frames for the erection or removal of temporary construction fences when necessary to maintain the public health, safety and welfare.
3. 3.
   Erosion control measures .

   1. a.
      Applicability. Erosion control measures are required for the following sites of land disturbing construction or land development activities:

      1. 1.
         Sites requiring a filing of plat, involving the construction of or additions to houses, duplexes, condominiums, townhouses, apartments or construction of or additions to commercial, industrial, or institutional buildings.
      2. 2.
         Sites on existing lots of record involving the construction of or additions to houses, duplexes, condominiums, townhouses, apartments or the construction of or additions to commercial, industrial, or institutional buildings.
      3. 3.
         Sites involving grading, removing of protective ground cover or vegetation, excavating, land-filling or other land disturbing activities affecting a surface area of 4,500 square feet or more.
      4. 4.
         Sites involving excavating or land-filling or a combination of excavating and filling affecting 400 cubic yards or more of dirt, sand or other excavation or fill material.
      5. 5.
         Sites involving street, highway, road or bridge construction, enlargement, relocation or reconstruction excluding FDOT construction exempted by subsection 94-316(b)(3).
      6. 6.
         Those sites involving the laying, repairing, replacing or enlarging of an underground pipe, utility main or similar facility for a distance of 300 feet or more.
   2. b.
      All sites for which erosion control measures are required, described in subsection (a) immediately above, shall comply with the city's stormwater management program and shall submit a stormwater pollution prevention plan (SWPPP) for approval by city.
   3. c.
      The approved stormwater pollution prevention plan (SWPPP) shall be maintained by the permittee or landowner during the entire period of the land disturbing construction or land development activities on the site in a manner satisfactory to ensure adequate performance in accordance with the SWPPP and to prevent nuisance conditions. All erosion control measures installed in accordance with the SWPPP shall be removed by the permittee or landowner upon completion of all land development or land disturbing construction activities.
   4. d.
      In the event that a building permit or demolition permit expires, within 30 days of the permit expiration date, the site shall be brought to grade, tilled and planted with ground cover to include sodding or seeding which shall have irrigation and shall be maintained in accordance with subsections 74-2(c) and subsection 94-446 of this Code, and upon completion, all measures installed as part of the SWPPP shall be immediately removed.
4. 4.
   Waiver of erosion control requirements .

   1. a.
      The engineering services director shall have the authority, on a case-by-case basis, to grant a written waiver of any requirements of the stormwater management program or requirement for an SWPPP for small sites, for land disturbing construction or land development activities covering less than one acre, or individual single-family home sites in a previously platted subdivision or land division.
   2. b.
      Any waiver of the stormwater management program requirements or for an SWPPP does not invalidate any other requirements set forth in this section.

1. 1.
   Erosion control. Contractors, subcontractors and persons applying for a demolition and/or building permit to perform land disturbing construction or land development activities shall post an erosion control bond or deposit for the erosion control measures approved by the stormwater pollution prevention plan (SWPPP), in an amount established by resolution and satisfactory to the city to fully cover the costs associated with compliance with the SWPPP and other necessary erosion control of the site, should the permit expire. An erosion control bond shall not be required for the construction of single-family dwellings, duplexes, accessory apartments, or additions or renovations to an existing single-family dwelling, existing duplex, or existing accessory apartment.
2. 2.
   Land stabilization. Contractors, subcontractors and persons applying for a demolition and/or building permit to perform land disturbing construction or land development activities shall, in addition to the erosion control bond, post a land stabilization bond or deposit, in an amount established by resolution and satisfactory to the city, to cover the costs associated with land stabilization of the site, should the permit expire. A land stabilization bond shall not be required for the construction of single-family dwellings, duplexes, accessory apartments, or additions or renovations to an existing single-family dwelling, existing duplex, or existing accessory apartment.
3. 3.
   The erosion control and land stabilization bonds or deposits may be combined and posted together, combined with other performance bonds posted in favor of the city (other than the public construction bond posted by city contractors for city projects), or posted separately. The erosion control or land stabilization bonds or deposits shall be posted for the entire permitted site or project.
4. 4.
   Only the following types of bonds or deposits will be accepted: (i) bond issued by a surety company authorized to do business in Florida, (ii) deposit of a cashier check or bank draft of any national bank or state bank, (iii) deposit of a certified check drawn on a financial institution acceptable to the city, as determined by the finance department, (iv) letter of credit drawn on a financial institution acceptable to the city, as determined by the finance department, or (v) deposit of a U.S. postal money order.
5. 5.
   Upon commencement of construction, payment in full of all applicable fees, and compliance with all terms and conditions of any posted bond, the contractor, subcontractor or permit applicant who posted the bond or bonds or deposit may request release of same. The city shall provide the permittee with an approval to release bonds/deposits and the city shall issue a check in the amount of any unused deposit or a release of any bond and release of any other security given for the erosion control and/or land stabilization requirements.
6. 6.
   This section shall not apply to any federal government entity and shall not apply to any state, regional, county, local or municipal government entity of this state; or any public school, community college or state university.

1. 1.
   The development services director and engineering services director are authorized to inspect construction sites for compliance with the requirements of this section.
2. 2.
   Stop-work orders. The development services director may post a stop-work order for a building permit if any land disturbing construction activities or land development activities regulated under this section are being undertaken in violation of this section. The engineering services director may post a stop-work order if any land disturbing construction activities or land development activities regulated under this section are being undertaken for violations of this section occurring in the right-of-way or related to the SWPPP and erosion control measures.
3. 3.
   Stop-work order retraction. The development services director or engineering services director who issued a stop-work order may retract that stop-work order once the violation of this section is cured.
4. 4.
   Notice of intent. Not less than ten days after the posting a stop-work order as provided above, the engineering services director may issue a written notice to the permittee or property owner of the city's intent to perform work necessary to cure existing violations and comply with this section. Said notice shall be sent certified and regular mail. If, after 14 days from issuance of the notice of intent, the site is not in compliance with the requirements of this section, the city may enter the site and commence all work necessary to comply with this section. The city's costs for the work performed by the city shall be subtracted from the deposit or bond posted with the city and any additional costs shall be billed to the permittee or the landowner. In the event a permittee or property owner fails to pay the amount due to fully reimburse the city, the city shall file a lien against the property for all unreimbursed costs, plus interest and administrative expenses, and may take all available actions to collect the sums due.
5. 5.
   Compliance with the provisions of this section may also be enforced in accordance with F.S. Ch. 162, or by injunction, uniform citation procedure, code enforcement procedure, fine, lien forfeiture or any other appropriate and available remedy.
6. 6.
   Decisions of the development services director may be appealed to the construction board of adjustment and appeals. Decisions of the engineering services director regarding erosion control measures or SWPPP may be appealed to the stormwater utility board.

1. 1.
   Potential injury to citizens and damage to property from falling towers;
2. 2.
   Potential injury to people while playing around towers and their appurtenant compounds;
3. 3.
   Potential injury and damage to low-flying law enforcement and medical helicopters and public and private aircraft;
4. 4.
   Potential aesthetic harm to residential communities;
5. 5.
   Potential incompatibility with historic districts; and
6. 6.
   Potential negative economic impacts on the heritage and scenic tourist industry.

1. 1.
   Any amateur radio tower less than 50 feet in height and located at the rear of the property, not located in an historic district, or less than 25 feet in height and located at the rear of the property located in a historic district.
2. 2.
   Satellite earth stations that are one meter (39.37 inches) or less in diameter in all non-historic residential districts and two meters or less in all other non-historic zoning districts.
3. 3.
   A government-owned wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the city designee; except that such facility must comply with all federal and state requirements. No wireless communications facility shall be exempt from the provisions of this division beyond the duration of the state of emergency.
4. 4.
   A government-owned wireless communications facility erected for the purposes of installing antenna(s) and ancillary equipment necessary to provide communications for public health and safety.
5. 5.
   A temporary, commercial wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the city and approved by the city; except that such facility must comply with all federal and state requirements. The wireless communications facility may be exempt from the provisions of this division up to three months after the duration of the state of emergency.
6. 6.
   A temporary, commercial wireless communications facility, for the purposes of providing coverage of a special event such as news coverage or sporting event, subject to approval by the city, except that such facility must comply with all federal and state requirements. Said wireless communications facility may be exempt from the provisions of this division up to one week after the duration of the special event.

1. 1.
   Non-exempt amateur radio station antennas and structures more than 25 feet in height within an historic district; and those 50 feet or higher in non-historic districts, consistent with the requirements of F.S. § 166.0435.
2. 2.
   Non-exempt satellite earth stations.
3. 3.
   Existing antenna support structures.
4. 4.
   Proposed antenna support structures.
5. 5.
   Public antenna support structures.
6. 6.
   Replacement of existing antenna support structures.
7. 7.
   Mitigation of antenna support structures.
8. 8.
   Collocation on existing antenna support structures.
9. 9.
   Attached wireless communications facilities.
10. 10.
    Concealed wireless communications facilities.
11. 11.
    Broadcast facilities.

1. 1.
   a. Concealed attached antenna on public right-of-way/property.

   2. b.
      Collocated or combined on existing tower on public right-of-way property.
2. 2.
   a. Concealed attached antenna on private property.

   2. b.
      Collocated or combined on existing tower on private property.
3. 3.
   Non-concealed attached antenna.

   1. a.
      On public right-of-way/property.
   2. b.
      On private property.
4. 4.
   Mitigation of existing tower.

   1. a.
      On public right-of-way/property.
   2. b.
      On private property.
5. 5.
   Concealed freestanding tower.

   1. a.
      On public right-of-way/property.
   2. b.
      On private property.
6. 6.
   Non-concealed freestanding tower.

   1. a.
      On public right-of-way/property.
   2. b.
      On private property.

1. 1.
   License. Applicant shall provide a copy of a valid FCC amateur operator's license as required by 47 C.F.R. § 97.5.
2. 2.
   Building permit. An amateur radio tower shall not be erected until a valid building permit has been obtained from the city.
3. 3.
   Height. Tower height and location shall comply with applicable federal and state law regarding amateur radio towers, including the requirements of F.S. § 166.0435, and Amateur Radio Preemption, 101 FCC2d 952 (1985) ("PRB-1"). Any height request from an amateur tower applicant in excess of 50 feet in non-historic districts and 25 feet in historic districts shall require a variance pursuant to section 94-339 of this Code. The applicant shall present technical evidence to demonstrate that the antenna structure is the minimum practical height necessary to allow function at all amateur frequency bands.
4. 4.
   Minimum setback requirements.

   1. a.
      Free standing tower. A distance equal to the height of the tower shall separate new amateur radio towers from property lines, right-of-way lines and/or easements.
   2. b.
      Tower or antenna support structure bracketed to main structure. A distance equal to the measurement from the top bracket to the top of the highest antenna shall separate the tower/antenna support from property lines, right-of-way lines and/or easements.
   3. c.
      Any relocation of an amateur radio tower on the same parcel must comply with current setback requirements. A variance may be obtained if the relocation does not increase the amount by which setbacks are nonconforming, other than increases necessitated solely by changes in size of the base to support the new tower.
5. 5.
   Location. Behind the principal structure and located, to the extent practical, to limit sight from the public rights-of-way, without interfering with communications and operability. If free standing, tower or antenna shall be located toward the rear of the property.
6. 6.
   Antenna element. Antennas shall be mounted so as to provide for removal at the approach of hurricanes.

   1. a.
      The addition of antenna elements or the replacement of existing antenna elements shall be permitted provided that the new or replacement does not increase the height or wind loading of the subject facility as evidenced by a sealed statement from a structural engineer licensed by the state of Florida.
7. 7.
   Variance. Amateur tower applicants that do not meet the requirements set forth in this section may seek a variance or waiver, as applicable, pursuant to the procedures in section 94-339 and shall provide information to the city as to the technical basis for the applicant's request.

1. 1.
   The top of the attached antenna shall not be more than 20 feet above the existing or proposed building or structure, excluding elevator shafts, appurtenances or other vertical spires or extensions.
2. 2.
   When an attached antenna is to be located on a legal nonconforming building or structure, then the existing permitted nonconforming setback and height shall prevail.
3. 3.
   Feed lines and antennas shall be designed to architecturally match the Façade, roof, wall, or structure on which they are affixed so that they blend with the existing structural design, color, and texture.
4. 4.
   Equipment cabinets shall be located within the existing building or behind an opaque enclosure matching the architectural designs and colors of the principal building or structure.
5. 5.
   New equipment cabinets are subject to the setback requirements of the underlying zoning district.

1. 1.
   A collocated or combined antenna or antenna array shall not exceed the maximum height prescribed in the special use permit (if applicable) or as approved on the applicable site plan if originally constructed without a special use permit, and shall not affect any tower lighting.
2. 2.
   New antenna mounts shall be flush-mounted onto existing structures, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.
3. 3.
   Existing and new equipment cabinets shall be subject to the setbacks of the underlying zoning district. If the collocation or combined antenna is located on a legal nonconforming building or structure, then the existing permitted nonconforming setback shall prevail.
4. 4.
   At the time of installation, all applicable buffer and screening requirements shall be brought into compliance.
5. 5.
   Equipment cabinets shall be located within the existing equipment compound. If the existing equipment compound is not sized adequately to accommodate the new proposed ground equipment, then a revised site plan shall be submitted addressing the overall ground space for the proposed equipment.
6. 6.
   Applications entitled to the streamlined processes described in F.S. § 365.172(12) shall meet all the following requirements:

   1. i.
      The additional antenna array, transmission lines, and related ancillary equipment including the base station shall not exceed the number of same items previously approved for such tower when originally approved, and the collocated facility is in complete conformance with the original conditions imposed on the tower upon which it is being attached.
   2. ii.
      The proposed collocation shall not increase the overall height and width of the tower or telecommunications support structure to which the proposed infrastructure is to be attached.
   3. iii.
      The collocation shall not increase the ground space area approved in the antenna support facility site plan for equipment enclosures and ancillary facilities.
   4. iv.
      The existing tower on which the collocation will attach shall comply with applicable regulations, restrictions, or conditions, if any, applied to the initial telecommunications facilities placed on the tower.
   5. v.
      The proposed additional collocation and tower shall comply with all federal, state and local safety requirements.
   6. vi.
      The proposed collocation and ancillary equipment shall not exceed the applicable structural capacity limits for the tower, as evidenced by a sealed statement from a structural engineer licensed in the State of Florida.
7. 7.
   Applications for collocation entitled to streamlined processes pursuant to Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 shall be approved provided they meet the following requirements, as applicable:

   1. i.
      A collocation on an existing antenna-supporting structure not in a public right-of-way shall not increase the overall height of the antenna-supporting structure, antenna and/or antenna array more than ten percent or 20 feet, whichever is greater. A collocation on an existing antenna-supporting structure within a public right-of-way shall not increase the overall height of the antenna-supporting structure, antenna and/or antenna array more than ten percent or ten feet, whichever is greater.
   2. ii.
      A collocation eligible under this subsection (7) shall not, for towers not in a public right-of-way, protrude from the antenna-supporting structure more than 20 feet or the width of the structure at the elevation of the collocation, and for towers within a public right-of-way, protrude from the antenna-supporting structure more than six feet.
   3. iii.
      Any collocation on an existing antenna-supporting structure shall meet current building code requirements (including wind loading).
   4. iv.
      A collocation shall not add more than four additional equipment cabinets or one additional equipment shelter to be eligible as a collocation under this subsection (7).
   5. v.
      A collocation eligible under this subsection (7) shall not require excavation outside of existing leased or owned parcel or existing easements.
   6. vi.
      A collocation eligible under this subsection (7) shall not defeat any existing concealment elements of the antenna-supporting structure.

1. 1.
   No tower shall be mitigated more than one time.
2. 2.
   Height. The height of a tower approved for mitigation shall not exceed 115 percent of the height of the tallest tower that is being mitigated. (For example a 100-foot existing tower could be rebuilt at 115 feet.)
3. 3.
   Setbacks. Attempts shall be made to meet the setback requirement for the new tower on the same property to the maximum degree possible. At a minimum, the new tower and its equipment compound shall be no closer to any property lines, neighboring structures or adjacent dwelling units as the tower and equipment compound being mitigated.
4. 4.
   Breakpoint technology. A newly mitigated monopole or lattice tower shall use breakpoint technology in the design of the replacement facility.
5. 5.
   Buffers. At the time of mitigation, the tower equipment compound shall be brought into compliance with any applicable buffer requirements.
6. 6.
   Visibility. Mitigated antenna-supporting structures shall be configured and located in a manner that minimizes adverse effects on the lines of sight, landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and adjacent zoned lots.
7. 7.
   Any replacement tower which meets the criteria set forth in this subsection (d) must obtain a level II wireless communications permit. Any replacement tower which does not meet the above criteria shall be considered a new tower subject to all provisions of this article. The existing tower, including tower base but excluding the tower foundation, must be removed within 90 days of the completion of the new tower.

1. 1.
   Height. The height of a DAS facility not located in a public right-of-way shall not exceed the height of light poles or residential utility poles on surrounding lots.
2. 2.
   Setbacks. A distance equal to the height of the DAS facility shall separate the DAS facility from property lines, right-of-way lines and/or easements.
3. 3.
   Visibility.

   1. a.
      The placement of antennas on buildings and other structures is encouraged and preferred over the installation of towers or monopoles. Where feasible, co-location of facilities and minimum number of antennas shall be evaluated to determine whether and to the extent to which the proposed facility has been designed carefully.
   2. b.
      Where feasible, antennas can be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.
   3. c.
      Antenna-supporting structures shall be configured and located in a manner that minimizes adverse effects on the lines of sight, landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and surrounding lots. Concealment design is strongly encouraged and shall be utilized whenever possible in order to minimize the visual impact of wireless communications facilities.
4. 4.
   Equipment cabinets. Equipment shelters or cabinets shall be consistent with the general character of the neighborhood and historic character if applicable. Equipment shelters or cabinets shall be screened from the public view by using landscaping, or otherwise concealed with materials and colors consistent with the surrounding backdrop, structures and local character.

   1. a.
      Screening enclosures shall be allowed when the design is architecturally compatible with the building.
   2. b.
      Screening materials shall consist of materials and colors consistent with the surrounding backdrop and/or textured to match the existing structure.
   3. c.
      The use of foliage and vegetation around ground equipment may be required based on conditions of the specific area where the ground equipment is to be located.
   4. d.
      Equipment cabinets may not be mounted on a freestanding DAS facility except at ground elevation, unless above-ground elevation is approved by the city commission as the best option to preserve aesthetics and local character.
5. 5.
   All exposed cables, conduits, surface mounted wires on attached DAS facilities shall be concealed or painted to match the building. Freestanding DAS facilities not in a public right-of-way shall not have exposed cables, conduits or surface mounted wires.
6. 6.
   Lighting of these facilities is not allowed.

1. 1.
   A copy of the geographic search area of the wireless provider committed to locate on the tower and that is justifying the placement of the tower;
2. 2.
   An inventory of all existing towers and all potential alternative structures that are at least 80 percent of the height of the proposed tower within that geographic search area;
3. 3.
   A written explanation documenting why an existing tower cannot reasonably be used, instead of building a new tower.

1. 1.
   If the antenna support facility has been constructed using breakpoint design technology, the minimum setback distance shall be equal to 110 percent of the distance from the top of the structure to the breakpoint level of the structure, or the minimum side and rear yard requirements, whichever is greater. For example, on a 100-foot tall monopole with a breakpoint at 80 feet and a side and back setback of 15 feet, the minimum setback distance would be 22 feet (110 percent of 20 feet, the distance from the top of the monopole to the breakpoint). However, if the side and back setback were 30 feet, then 30 feet would be the minimum setback distance in the above example. Certification by a registered professional engineer licensed by the State of Florida of the breakpoint design and the design's fall radius must be provided together with the other information required herein from an applicant.
2. 2.
   If the antenna support facility has not been constructed using breakpoint design technology, the minimum setback distance shall be equal to 110 percent of the height of the proposed antenna support structure.

1. 1.
   Overall height.
2. 2.
   Configuration.
3. 3.
   Physical location.
4. 4.
   Mass and scale.
5. 5.
   Materials and color.
6. 6.
   Illumination.
7. 7.
   Architectural design.

1. 1.
   The applicant shall arrange to raise a colored balloon, in sharp contrast with sky blue and no less than three feet in diameter, at the maximum height of the proposed tower and within 30 horizontal feet of the center of the proposed antenna support structure.
2. 2.
   The applicant shall inform the city and abutting property owners in writing of the date and times of the test at least 14 days in advance. The date, time and location of the balloon test shall be advertised in a locally distributed paper in a display ad at least two inches in width by the applicant at least seven but no more than 14 days in advance of the test dates determined by city staff, as well as alternate dates in case of inclement weather. The balloon shall be flown for at least four consecutive hours during daylight hours on the dates chosen. The applicant shall record the weather during the balloon test. Re-advertisement will not be required if inclement weather occurs, provided the advertisement specifies the alternative date in the event of inclement weather.

1. 1.
   In all allowable locations the equipment compound shall be landscaped and screened pursuant to section 94-434(b).
2. 2.
   Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative siting on the entire subject property on which the proposed facility is projected may be considered and approved by the planning division, provided the proposed alternative maximizes screening as provided above, and is otherwise consistent with the requirements of this section.

1. 1.
   The only signage that is permitted upon an antenna support structure, equipment cabinets, or fence shall be informational, and for the purpose of identifying the antenna support structure (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility; i.e. the address and telephone number, security or safety signs, and property manager signs (if applicable).
2. 2.
   If more than 220 volts are necessary for the operation of the facility, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters (minimum height of each letter four inches) the following: "HIGH VOLTAGE - DANGER."

1. 1.
   Overall height.
2. 2.
   Configuration.
3. 3.
   Physical location.
4. 4.
   Mass and scale.
5. 5.
   Materials and color.
6. 6.
   Illumination.
7. 7.
   Architectural design.

1. 1.
   Except for AM broadcast facilities, it is the intent that all pedestrian views from public rights-of-ways and adjacent residential land uses be screened from proposed broadcast facilities pursuant to section 94-434(b). AM broadcast facilities shall, where practicable, use artificial screening devices in lieu of natural vegetation for screening its ground equipment located at the base of AM tower(s).
2. 2.
   Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative siting on the entire subject property on which the proposed facility is projected may be considered and approved by the planning division, provided the proposed alternative maximizes screening as provided above, and is otherwise consistent with the requirements of this section.

1. 1.
   The only signage that is permitted upon an antenna support structure, equipment cabinets, or fence shall be informational, and for the purpose of identifying the antenna support structure (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility; i.e. the address and telephone number, security or safety signs, and property manager signs (if applicable).
2. 2.
   If more than 220 volts are necessary for the operation of the facility, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters (minimum height of each letter four inches) the following: "HIGH VOLTAGE - DANGER."

1. 1.
   Nonconforming wireless communication facilities may be modified, improved, or altered (without enlargement), with applicable building permits, provided no new nonconformity is created and/or an existing nonconformity is not increased.
2. 2.
   If a new nonconformity would be created or an existing nonconformity increased, an application for approval of the proposed modification under the applicable wireless communication permit level must be submitted for review and approval by the applicable reviewing entity.
3. 3.
   The following modifications will not be deemed to create a new or to increase an existing nonconformity, if they comply with all applicable conditions or provisions of existing wireless communication permits: 1) a collocation or addition of a new antenna with ancillary facilities; 2) a new equipment cabinet or generator in the existing equipment compound; or 3) any exempt facility.

1. 1.
   Permit Level III and Level IV. Applications for wireless communication Level III and Level IV permits shall include the following additional information:

   1. a.
      Determination of need.
   2. b.
      Priority level justification.
   3. c.
      Visual impact analysis.
   4. d.
      Balloon test.
   5. e.
      Written analysis explaining how the proposed tower does not create a significant adverse visual aesthetic impact on the surrounding landscape, adjacent properties, and existing line of sight, as measured against the criteria indicated in section 94-333.

1. 1.
   Section 6409 collocation. A collocation application entitled to expedited streamlined processing pursuant to Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 and section 94-325(b)(7) of this Code shall be deemed complete unless the city provides written notice to the applicant that the submission is incomplete (a "notice of incompleteness") within 30 calendar days of application submission (or within some other mutually agreed upon timeframe). Notice of incompleteness shall be in writing and shall identify specifically the deficiencies in the application which, if cured, would make the application complete. Upon notice of incompleteness, the timeline for a decision shall be tolled until the applicant re-submits to correct such deficiency. The city shall, within ten calendar days of re-submission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional re-submission deficiency period until the second resubmission.
2. 2.
   Other collocations. Other collocation applications entitled to expedited streamlined process review pursuant to F.S. § 365.172(12) and section 94-325(b)(6) of this Code shall be deemed complete unless the city provides a written notice of incompleteness to the applicant within 30 calendar days of submission (or within some other mutually agreed upon timeframe). Notice of incompleteness shall identify specifically the deficiencies in the application which, if cured, would make the application complete. Upon notice of incompleteness, the timeline for a decision shall be tolled until the applicant re-submits to correct such deficiency. The city shall, within ten days of re-submission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional re-submission deficiency period until the second resubmission.
3. 3.
   All other applications. Within 20 business days of receipt of an application for a wireless communications facility, the city shall determine if the application form has been completed and if all required items have been submitted.

   1. a.
      If the city determines that the application is not complete and/or if all required items have not been submitted, the city shall, within the 20 business days of the application submittal, notify the applicant in writing that the application is incomplete (a "notice of incompleteness"). The notice of incompleteness shall list, with specificity, those items that are incomplete and/or missing and indicate what must be provided to make the application complete.
   2. b.
      If the applicant resubmits the additional information or revised application, the city shall review the resubmitted materials for completeness. If the application is still not complete, the city shall send the applicant another notice of incompleteness indicating the remaining within 20 business days after the application is resubmitted.
   3. c.
      Upon resubmittal of the revised application and/or additional information and materials, the city shall follow the process identified in steps (1) through (3) above until all deficiencies identified are deemed cured and the application is deemed complete.
   4. d.
      If the city does not respond in writing to the applicant within the specified timeframe, then the application shall be deemed to be complete.
4. 4.
   When the application is deemed complete, the city shall advise the applicant and begin processing the application.

1. 1.
   For level IV permit applications only, the 90 business-day timeframe may be extended if the hearing on the class A special use permit before the city commission, following the review process and timeframe applicable to all class A special use approvals for all uses, cannot reasonably occur within the 90 business days. Under such circumstances, the city commission must either grant or deny the application at its next regularly scheduled meeting after the 90 business days have expired or the application shall be deemed automatically approved.

1. 1.
   The planning division shall review the application, and submitted documents for compliance with all requirements of this article, including the regulations for the applicable permit level and the criteria contained in section 94-333. The city may, at its discretion, obtain additional third party technical assistance to review and assess the technical merits of the documents.
2. 2.
   If the planning division determines that the application meets all of the requirements of this article, the city shall approve the application package and the applicant may proceed to request a building permit.
3. 3.
   If the planning division determines that additional information or documentation is necessary to complete the review in accordance with the requirements of this article, then the city shall provide written notification to the applicant as to the supplemental information or documentation requested for review. The applicant shall provide to the city any requested materials for review. This process shall continue until the city has sufficient information to approve or deny the application.
4. 4.
   If the planning division determines the application and documentation fails to meet the intent and requirements of this article, the city may deny the application. All such denials shall be in writing.
5. 5.
   Appeals from a decision made by the planning division shall be to the zoning board of appeals for area outside the downtown; to the downtown action committee for area within the downtown; and to the historic preservation board for locally or nationally designated properties.

1. 1.
   If the planning division determines that additional information or documentation is necessary to complete the review in accordance with the requirements of this article, then the city shall provide written notification to the applicant as to the supplemental information or documentation requested for review. The applicant shall provide to the city any requested materials for review. This process shall continue until the city has sufficient information for the review process.
2. 2.
   The application shall follow the process for the appropriate special use permit pursuant to section 94-36 of this Code.
3. 3.
   The application shall be reviewed for compliance with all requirements of this article, including the regulations for the applicable permit level, the criteria contained in section 94-333, and the standards for a special use permit contained in section 94-36 of this Code. The city may forward the submittal package to a third party consultant for review of the materials.
4. 4.
   The approving bodies, in determining whether a wireless communications facility is in harmony with the area or the effects and general compatibility of a wireless communications facility with adjacent properties, may consider the aesthetic effects of the tower as well as mitigating factors concerning aesthetics.
5. 5.
   The approving bodies may disapprove an application on the grounds that the wireless communications facility's aesthetic effects are unacceptable, or may condition approval on changes in tower height, design, style, buffers, or other features of the wireless communications facility or its surrounding area. Such changes in non-broadcast installations need not result in performance identical to that of the original application.

1. 1.
   The placement of antennas on buildings and other structures is encouraged and preferred over the installation of towers or monopoles. Where feasible, co-location of facilities and minimum number of antennas shall be evaluated to determine the proposed facility has been designed carefully.
2. 2.
   If a facility is to be installed in or on a historic building or structure, a certificate of appropriateness is required pursuant to section 94-49. Additional measures shall be required so as to not alter the historic significance of the building or structure
3. 3.
   Antennas should be screened or hidden from the public view by the following methods: designed as architectural elements, screened with enclosures or landscaping. Screening materials shall consist of materials and colors consistent with the surrounding backdrop, structure, and local character and/or textured to match the existing structure.
4. 4.
   Where feasible, antennas can be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging. Antennas mounted on architecturally significant structures or architecturally significant details of the building should be covered with appropriate casings, which are manufactured to match existing architectural features found on the building.
5. 5.
   All exposed cables, conduits and/or surface mounted wires shall be concealed or painted out to match the building.
6. 6.
   Equipment shelters or cabinets shall be consistent with the general character of the neighborhood and historic character, if applicable.
7. 7.
   Equipment shelters or cabinets shall be screened from the public view by using landscaping, or materials and colors consistent with the surrounding backdrop, or wrapping cabinets with site appropriate graphics.
8. 8.
   Screening enclosures shall be allowed when the design is architecturally compatible with the building.
9. 9.
   Lighting. Lighting of these facilities is not allowed.

1. 1.
   Where feasible, co-location of facilities and minimum number of antennas shall be evaluated to determine whether and to the extent that the proposed facility has been designed carefully.
2. 2.
   If the approving authority determines that the proposed additional service of non-broadcast facilities, coverage, or capacity to be achieved by the location of the proposed new wireless communications facility can be achieved by use of one or more alternative existing wireless communications facilities, it may disapprove the proposed antenna support facility application.
3. 3.
   All exposed cables, conduits and/or surface mounted wires shall be concealed or painted out to match the building.
4. 4.
   Equipment shelters or cabinets shall be consistent with the general character of the neighborhood and historic character if applicable.
5. 5.
   Equipment shelters or cabinets shall be screened from the public view by using landscaping, or materials and colors consistent with the surrounding backdrop, structure and local character and/or wrapping cabinets with site appropriate graphics.
6. 6.
   Screening enclosures shall be allowed when the design is architecturally compatible with the building.
7. 7.
   The approving bodies in determining whether a wireless communications facility is in harmony with the area or the effects and general compatibility of a wireless communications facility with adjacent properties may consider the aesthetic effects of the tower as well as mitigating factors concerning aesthetics.
8. 8.
   The approving bodies may disapprove an application on the grounds that the wireless communications facility's aesthetic effects are unacceptable, or may condition approval on changes in tower height, design, style, buffers, or other features of the wireless communications facility or its surrounding area. Such changes in non-broadcast installations need not result in performance identical to that of the original application.
9. 9.
   Factors relevant to aesthetic effects are: the protection of the view in sensitive or particularly scenic areas and areas specially designated in adopted plans such as unique natural features, scenic roadways and historic sites; the concentration of towers in the proposed area; and whether the height, design, placement or other characteristics of the proposed tower could be modified to have a less intrusive visual impact.

1. i.
   Single and two-family residential standards:

   1. 1.
      Rooftop SESs are prohibited.
   2. 2.
      An SES shall be considered an accessory structure; however, an SES shall be permitted within five feet of a side and/or rear property line.
   3. 3.
      No SES shall be permitted within the front yard or setback. For lots having more than one street frontage. an SES shall be located in a side yard which does not abut a public or private right-of-way.
   4. 4.
      No SES shall exceed 15 feet in height. No dish shall exceed ten feet in diameter.
   5. 5.
      Landscape including shrubs a minimum of 24 inches on all sides or property, an opaque screen (i.e., wood fence, translucent mesh, etc.) or both shall be incorporated on any SES located in a rear yard.
   6. 6.
      There shall be no more than one antenna on any single-family or duplex lot.
2. ii.
   Nonresidential and multifamily standards:

   1. 1.
      All SESs shall be ground-mounted and located in the rear yard so as not to be visible from any public right-of-way.
   2. 2.
      An SES may not be located in the rear yard if the rear lot lines abuts a public right of-way, lands zoned residential.
   3. 3.
      Landscaping including shrubs a minimum of 36 inches on all sides, an opaque screen (i.e., wood fence, translucent mesh, etc.) or both shall be incorporated on any dish located in a rear yard.
   4. 4.
      No SES shall exceed 20 feet in height measured from grade. No dish shall exceed fifteen 15 feet in diameter.
   5. 5.
      Nonresidential SESs may be considered for roof installation provided that application is made for a level III permit. Roof-mounted SES must be screened by parapets that appear to be an integral part of the building so that not more than 25 percent of the antenna height is visible from grade level of adjacent property and adjacent public or private rights-of-way.
   6. 6.
      All SESs shall not be light reflective. Dish antennas shall not have any sign copy on them nor shall they be illuminated.
   7. 7.
      Each person wishing to place SESs in nonresidential and multifamily zoned property shall make application for a Class B special use permit.
   8. 8.
      There shall be no more than one antenna on any parcel. However, where business is licensed by the city as a dealer of electronic equipment, such business may have two antennas for their parcel.

1. i.
   A detailed explanation, with supporting engineering or other data, as to why a waiver from the requirements of this section is required in order to allow the registrant/applicant to have nondiscriminatory and competitively neutral use of city rights-of-way;
2. ii.
   Availability of co-location opportunities;
3. iii.
   Size and height of the proposed facilities;
4. iv.
   Location and separation distances of the proposed facilities;
5. v.
   Location of the nearest residential units or residentially zoned properties;
6. vi.
   Adjacent and nearby topography, tree coverage and foliage;
7. vii.
   Design of the proposed facilities with particular reference to elimination of visual impacts of such facilities;
8. viii.
   Any other factors the city determines to be relevant.

1. i.
   Supporting engineering or other data, as to why a waiver from the requirements of this section is required in order to allow the registrant/applicant to have nondiscriminatory and competitively neutral use of city rights-of-way;
2. ii.
   Availability of co-location opportunities;
3. iii.
   Size and height of the proposed facilities;
4. iv.
   Location and separation distances of the proposed facilities;
5. v.
   Location of the nearest residential units or residentially zoned properties;
6. vi.
   Adjacent and nearby topography, tree coverage and foliage;
7. vii.
   Design of the proposed facilities with particular reference to elimination of visual impacts of such facilities;