The provisions of this article shall apply to all zoning districts.

(Ord. No. 2007-02, exh. A, § 50, 2-21-2007)

(a)

No plot area, yard, setback, clearance, separation, parking area, landscape area or other space shall be reduced in area or dimension so as to make said area or dimension less than the minimum required by this chapter; and if already less than the minimum required by this chapter for a new building or use, said area or dimension shall not be further reduced.

(b)

No part of a required yard, setback, clearance, parking area or other space provided for any building, structure or use for the purpose of complying with the provisions of this chapter, shall be included as part of a yard, setback, clearance, parking area or other space required under this chapter for another building, structure or use, unless specifically permitted under this chapter.

(Ord. No. 2007-02, exh. A, § 51, 2-21-2007)

(a)

Intent. The regulations and requirements of this chapter are intended to:

(1)

Promote the health, safety and general welfare of the citizens by regulating the siting of wireless communication facilities;

(2)

Accommodate the growing needs and demand for wireless communication facilities;

(3)

Provide for the appropriate location and development of wireless communication towers and antennas within the city;

(4)

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

(5)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower and monopole structures;

(6)

Protect residential areas and land uses from potential adverse impacts of wireless communication facilities and antennas by maximizing the use of any new or existing wireless communication towers through shared use, i.e., collocation, to reduce the number of facilities needed;

(7)

Prevent possible impacts to airspace in the area surrounding airports and eliminate potential interference with radio communications and navigational aids.

(b)

Permitted facilities. The following are permitted wireless communication facilities:

(1)

Stealth facilities shall be a permitted use in any residential zoning district. Within high-density residential zoning districts, only rooftop stealth antennas are permitted.

(2)

Except as otherwise provided, wireless communication facilities may be permitted as a principal use in all nonresidential zoning districts provided the wireless communications facility is a stealth facility.

(c)

Minimum standards. Every wireless communication tower must meet the following minimum standards:

(1)

Height/setbacks and related location requirements.

a.

The height of a wireless communication tower shall not exceed 100 feet unless the zoning district in which the proposed wireless communication tower is to be located or subsection (a)(2) of this section allows a greater height. The height of a rooftop wireless communication tower shall comply with this subsection (c). Height shall be measured from the crown of the road of the nearest public street.

b.

All wireless communication towers up to 100 feet in height shall not be located in a required landscape buffer and shall be set back on all sides a distance equal to either the underlying setback requirement in the applicable zoning district or as provided in this section, whichever is greater; towers in excess of 100 feet in height shall be set back one additional foot per each foot of tower height in excess of 100 feet.

c.

Residentially zoned lands by a minimum of 200 feet or 200 percent of the height of the proposed tower, whichever is greater.

d.

Nonstealth wireless communication towers shall not be located within 750 feet of any existing nonstealth wireless communication facility.

e.

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

f.

All towers located within 20,000 feet of an airport shall be reviewed for possible impacts to airspace or potential interference with radio communications or navigational aids; and, in addition, shall be reviewed for compliance with all applicable Federal Aviation Administration rules and regulations, including, but not limited to, height, lighting, permitting and licensing.

(2)

Buffering.

a.

An eight-foot fence shall be required around the base of any tower, as measured from the finished grade of the site.

b.

Plant material consistent with article X of this chapter, functional landscaping and xeriscaping, shall be installed around the entire perimeter of any fence or wall. Additional landscaping may be required around the perimeter of a fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties.

c.

Landscaping consistent with article X of this chapter, functional landscaping and xeriscaping, shall be installed around any accessory buildings or structures.

(3)

High voltage and no trespassing warning signs. Notwithstanding the requirements of article IX of this chapter, signs, the following minimum sign standards shall apply:

a.

If high voltage is necessary for the operation of the wireless communication tower or any accessory structures, "High Voltage—Danger" warning signs shall be permanently attached to the fence or wall and shall be spaced no more than 40 feet apart.

b.

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

c.

The letters for the "High Voltage—Danger" and "No Trespassing" warning signs shall be at least six inches in height. The two warning signs may be combined into one sign. The warning signs shall be installed at least five feet above the finished grade of the fence.

d.

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

(4)

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

(5)

Signs and advertising. The use of any portion of a tower for signs or advertising purposes, including, but not limited to, company name, banners and streamers, shall be strictly prohibited.

(6)

Colors. Except where superseded by the requirements of other city, state or federal regulatory agencies possessing jurisdiction over wireless communication towers, wireless communication towers shall be painted or constructed in neutral colors, designed to blend into the surrounding environment, such as noncontrasting gray.

(7)

Lighting. No signals, lights or illumination shall be permitted on a wireless communication tower unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least obtrusiveness to the surrounding community.

(8)

Antennas not located on wireless communication towers.

a.

Permitted. Antennas shall be permitted as follows:

1.

Stealth rooftop- or building-mounted antennas not exceeding 20 feet above the roofline shall be permitted in all zoning districts.

2.

Nonstealth rooftop- or building-mounted antennas shall only be permitted not exceeding 15 feet above the roofline of the subject building.

b.

Minimum standards. Building rooftop antennas shall be subject to the following minimum standards:

1.

No commercial advertising shall be allowed on an antenna;

2.

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

3.

Any related unattended equipment building shall not contain more than 750 square feet of gross floor area or be more than 12 feet in height;

4.

If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than 25 percent of the roof area;

5.

Each application shall contain a rendering or photograph of the antenna including, but not limited to, colors and screening devices; and

6.

If located within 20,000 feet of an airport, each application shall be reviewed for possible impacts to airspace or potential interference with radio communications or navigational aids; and, in addition, shall be reviewed for compliance with all applicable Federal Aviation Administration rules and regulations, including, but not limited to, height, lighting, permitting and licensing.

(9)

Existing wireless communication facilities.

a.

Existing wireless communication facilities shall not be rendered nonconforming uses by this section. The use of existing facilities for purposes of collocating additional antennas shall be encouraged.

b.

Increases in height of an existing tower or conversion of an existing tower to a stealth or other design shall be treated as a new tower and shall be subject to all the requirements of this section, except separations required between towers.

c.

Owners of existing facilities shall be required to comply with this section to replace or relocate an existing facility.

d.

Wireless communication antennas may be placed on existing towers.

(10)

Abandoned wireless communication facilities.

a.

The city may require removal of an abandoned wireless communication facility within 30 days after notice of abandonment has been provided to the owner of the wireless communication tower and the real property owner.

b.

A wireless communication facility shall be considered abandoned if use has been discontinued for 180 consecutive days.

c.

Where a wireless communication facility is abandoned but not removed within the specified time frame, the city may remove the facility and place a lien on the property following the procedures (but not the criteria) for demolition of an unsafe building/structure in the South Florida Building Code, Broward Edition.

d.

Where a facility is removed by the owner, said owner shall restore the area to as good as condition prior to the placement of the facility, unless otherwise instructed by the city.

e.

Where a facility is utilized for other purposes, including, but not limited to, light standards and power poles, it shall not be considered to be abandoned.

(11)

Collocation of antennas and facilities. To encourage a reduction in the number of wireless communication towers that may be required to meet the increasing demand for wireless service, the following collocation standards shall be required:

a.

Any owner of a wireless communications tower shall permit other wireless communication providers to install or collocate antennas or facilities on such towers, if available space and structural capacity exists.

b.

Wireless communication towers shall be structurally designed to accommodate the collocation of antennas and facilities as follows:

1.

All wireless communication towers, except for stealth towers, over 80 feet and up to and including 100 feet in height shall be structurally designed to accommodate at least two providers.

2.

All wireless communication towers, except for stealth towers, exceeding 150 feet in height shall be structurally designed to accommodate at least three providers.

(12)

Criteria for wireless communications facilities modifications. In addition to the authority granted to the city administrator or designee, modifications to certain wireless communication facility requirements provided in this section may be approved by the city administrator or designee as a special exception where the conditions of this section hinder transmission, in accordance with the following:

a.

A request for modification shall include the following:

1.

A description of how the modification addresses any adverse impact which might occur as a result of approving the modification.

2.

A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the modification.

3.

A technical study which documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by a qualified radio frequency engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties.

4.

For a modification of the setback requirement, the application shall identify all property where the proposed facility, tower or antenna could be located, attempts by the applicant to contact and negotiate an agreement for location or collocation and the result of such attempts.

b.

The city administrator or designee shall consider the request for modification based on the following criteria:

1.

The facility, tower or antenna as modified will be compatible with and not adversely impact the character and integrity of surrounding properties.

2.

Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification.

3.

In the case of a request for modification to setback requirements, the applicant must demonstrate with written evidence that the setback requirement cannot be met on the property and that the alternative site is closer in proximity to residentially zoned property or that a modification to the setback requirement will reduce the visual impact of the facility, tower or antenna.

4.

In the case of a request for modification to separation or buffer requirements, the applicant must provide written technical evidence from a qualified radio frequency engineer that the proposed facility, tower or antenna must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system and the applicant is willing to provide approved landscaping and other buffers to screen the tower from being visible to residentially zoned property.

5.

In the case of a request for modification of maximum height for towers and telecommunications facilities, that the modification is necessary to:

(i)

Facilitate collocation of wireless communications facilities in order to avoid construction of a new tower; or

(ii)

Meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from a qualified radio frequency engineer that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily.

c.

The city administrator or designee may include conditions on the site where the facility, tower or antenna is to be located to mitigate any adverse impacts which arise in connection with the approval of the modification.

d.

Any decision by the city administrator or designee to deny a request for a special exception as set forth in this subsection (c)(12) shall be in writing and supported by substantial evidence contained in a written record.

e.

Any decision by the city administrator or designee granting a request for a special exception as set forth in this subsection (c)(12) shall be in writing in the form of a resolution, supported by substantial evidence contained in a written record.

(Ord. No. 2007-02, exh. A, § 52, 2-21-2007; Ord. No. 2016-02, § 2, 3-16-2016)

The provisions of this chapter are not intended, and shall not be construed, to preclude the use of any property by the city in any city government capacity, function or purpose as determined by the city commission.

(Ord. No. 2007-02, exh. A, § 53, 2-21-2007)

(a)

Foster care homes. Foster care homes shall be permitted uses in the following zoning districts:

(1)

No more than six residents supervised: R-1B, R-1C;

(2)

No more than eight residents supervised: R-3, R-3U.

(b)

Public or private facilities. Public or private facilities which house not more than eight residents shall be a permitted use in all R-3, R-3U and R-5 zoning districts.

(c)

Residents. Residents shall be any related or unrelated minors or adults receiving care and services through any public or private agency or individual family that shall have been properly licensed by all applicable federal, state and county agencies.

(d)

Dispersal. No public or private facility shall be located within 1,500 feet of any other existing public or private facility. Such distance requirement shall be measured and computed by following a straight line from the nearest property line of the proposed facility to nearest property line of the existing private or public facility. Public or private facilities which were in existence as of October 17, 1980, which have been licensed and approved by either the department of children and families (DCF) or another applicable regulatory agency and are presently located within 1,500 feet of another public or private facility shall be exempt from this distance requirement.

(e)

Minimum standards. All facilities must, if under the jurisdiction of DCF, meet or exceed all applicable DCF rules, regulations, orders and guidelines. Those facilities or individuals not under DCF jurisdiction shall meet or exceed all applicable federal, state or county rules, regulations, orders and guidelines. Any facilities not under the jurisdiction of DCF shall meet the following minimal standards:

(1)

There shall be 120 square feet inside living space per person of which 35 square feet per person shall be living and dining space and 60 square feet per person shall be bedroom space. Each resident shall have a separate bed.

(2)

There shall be one water closet per six residents. There shall be two tubs and/or showers per eight residents.

(3)

There shall be one staff to every five residents.

(4)

There shall be annual health and fire inspections.

(f)

Required approval. Special exception approval by the city administrator or designee shall be required for all public or private facilities when nine to 16 residents supervised are proposed to be housed in a public or private facility to be located in the following zoning districts: R-3, R-3U.

(g)

Standards for issuance of special exceptions.

(1)

Every application for a special exception for a public or private facility shall be accompanied by a tentative approval from all agencies licensing and regulating these facilities. Such approval shall consist of an approved application or letter from the appropriate agency stating that the proposed public or private facility would meet all applicable federal, state or county regulations.

(2)

No special exception approval for a public or private facility shall be granted that is in conflict with any applicable federal, state or county regulations.

(3)

Persons seeking to use property as a special exception use shall make application to the city administrator or designee and the application shall be subject to all notice requirements of this chapter.

(4)

In approving any special exception, the city administrator or designee may also impose appropriate conditions and safeguards in conformity with these zoning regulations for the protection of residents of public or private facilities as defined in section 42-34. Violations of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter.

(Ord. No. 2007-02, exh. A, § 55, 2-21-2007)

(a)

Dumpsters and dumpster enclosures shall be required on nonresidential plots and all residential plots containing four or more dwelling units unless:

(1)

There is a carport, garage or other enclosed area suitable for storage of waste containers, attached to each individual dwelling unit on the plot; and

(2)

That such carport, garage or other enclosed area is used by the residents of the dwelling to store their waste containers when not being made available for trash pickup.

(b)

Dumpsters shall be maintained free of jagged or sharp edges or inside parts which could prevent the free discharge of their contents.

(c)

Dumpsters shall be emptied by a licensed collector at intervals which will preclude overflow.

(d)

Dumpsters and the area around the dumpster and dumpster enclosure shall not be used for disposal of furniture and major appliances, except during a scheduled bulk pickup by a licensed collector.

(e)

All dumpster pads shall be at least two feet larger than the dumpster on all sides. Wheelstops or posts shall be permanently affixed to the pad at least one foot inside the perimeter of the enclosure to prevent the dumpster from striking the enclosure during collection.

(f)

The dumpster, dumpster enclosure and all surrounding areas shall be maintained by the property owner in accordance with this section, and shall be kept free of overflowing refuse at all times, except on a scheduled pickup date. If a continuous problem of insufficient dumpster capacity is proven to exist, additional or larger capacity dumpsters and enclosures or increased frequency of pickup shall be required in order to eliminate the overflow problem.

(g)

Dumpsters and dumpster enclosures shall be located in a position accessible for collection by the equipment of the collector.

(h)

Dumpsters may be placed in the ground, provided the floor and walls of the enclosure are constructed of an impervious material. Any portion of the dumpster which is visible above the ground shall be screened with landscape material.

(i)

Dumpsters not placed in the ground shall be stored on a concrete pad, at all times except 12 hours before or after scheduled refuse collection and 24 hours before or after special bulk waste collection.

(j)

The perimeter of the dumpster pad shall be enclosed on three sides by an enclosure no less than the height of the dumpster plus six inches. The enclosure shall be of translucent material allowing the detection of movement from one side to the other side of the enclosure. The remaining side of the dumpster enclosure shall be enclosed with gates.

(k)

The gates of the enclosure shall be constructed of a frame with translucent walls affixed thereto, and shall be of a material of sufficient strength to withstand normal use. Gates shall be attached to metal posts at least three inches in diameter with at least two hinges. Each gate shall have a wheel at the bottom to prevent sagging and shall have drop pins or rods to hold the gates in place in both open and closed positions.

(l)

All dumpster enclosures consisting of living plants shall conform to the requirements of article X of this chapter, functional landscaping and xeriscaping.

(Ord. No. 2007-02, exh. A, § 56, 2-21-2007)

Fences, walls, or hedges may be erected, planted, and maintained upon any plot line and in required yards of all zoning districts to a maximum height of six feet, except as follows:

(1)

Hedges in the front yard of residentially zoned property must be maintained at a minimum of three feet and a maximum of four feet.

(2)

On a lot line not at a corner, where a residential plot abuts commercial or industrially zoned property, a fence, wall or hedge may be a maximum height of eight feet.

(3)

On a corner lot, no opaque fence, wall or hedge may exceed 30 inches within 25 feet of the intersection of the front and side street property lines.

(4)

Barbed wire, electrified or razor wire fences or barbed, electrified or razor wire-topped fences or walls are prohibited.

(5)

Fence height shall be measured from the established grade.

(6)

In the area bordered on the west by SW 59th Terrace, on the south by SW 25th Street, on the east by SW 56th Avenue and the north by SW 21st Avenue, herein known as "Utopia," the following uses shall be screened from view: outdoor storage of materials, equipment, vehicles or similar; automobile repair; automobile paint and body or similar; vehicle sales and installation or similar; boat building, sales, repair or storage or similar; or any use that permits work outside of an enclosed building. Screening shall be in the form of a wall, an opaque fence, or chainlink fencing screened with privacy slats, a canvas windscreen or shrubs as provided in article X of this chapter, functional landscaping and xeriscaping. If slats or a windscreen are installed, these materials shall be opaque and maintained in a new, clean, well-kept condition. All sites containing uses described in this section which require screening shall comply with all of the aforementioned requirements within three months of the effective date of the ordinance from which this section is derived or at the time when a building permit is issued, whichever occurs first.

(7)

In all nonresidential zoning districts, other than the Utopia area as defined in this section, chainlink fencing shall not be permitted in the front or street side yard unless screened with shrubs as provided in article X of this chapter, functional landscaping and xeriscaping.

(8)

In all residential zoning districts, no fencing that creates a visual obstruction will be permitted in front yards. Only chainlink, split rail, open picket or other open type fence shall be permitted in front yards. Any chainlink fence installed in the front or street side yard must be screened with shrubs and must be maintained at a minimum height of three feet and a maximum height of four feet at maturity. Shrub installation must comply with the standards provided in article X of this chapter, functional landscaping and xeriscaping.

(9)

Any front yard fencing rendered nonconforming by this section may be repaired or replaced up to 51 percent of the linear footage of the front-yard portion of the fence without having to come into compliance with this section. Any repair or replacement of over 51 percent of the linear footage of the front yard fence will result in the requirement that the entire fence be replaced and brought into compliance with this section.

(10)

Except as noted in this section, all walls and fences shall be constructed so that the finished side shall face out or away from the property upon which it is constructed, and all support posts and the unfinished side shall be on the inside facing the property upon which said fence or wall is constructed. All masonry fences or walls shall be constructed so as to have a finished surface, including concrete block walls which shall have a plastered finish on all sides above ground level. In the event that a wood fence is constructed against a significant obstacle on the adjoining property such as a hedge or another fence, that line of fence against the obstacle may be constructed with posts on the outside of the fence, provided that the horizontal rails are at least 50 percent covered by boards on the side facing away from the property on which the fence is constructed.

(Ord. No. 2007-02, exh. A, § 57, 2-21-2007; Ord. No. 2010-09, § 2, 1-9-2010; Ord. No. 2014-03, § 2, 6-18-2014)

No temporary building, except a construction trailer that is used solely for construction purposes, not for occupancy, shall be permitted within the city. Construction trailers shall be torn down and completely removed upon issuance of a certificate of occupancy or within 12 months of issuance of a building permit, whichever comes first. Upon a showing of good cause, an applicant may request an extension of time from the city commission. Good cause shall be determined within the sole discretion of the city commission.

(Ord. No. 2007-11, § 6(57(a)), 8-1-2007)