HomeMy WebLinkAbout2026-004-493_-_Amending_Parking_Ordinance_-_Adopted_-_PdfORDINANCE NO. 2026-004-493
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING ARTICLE XII. – OFF-
STREET PARKING, LOADING AND VEHICULAR
CIRCULATION REQUIREMENTS, SECTION 34-381—TABLE 1;
ARTICLE II. – ADMINISTRATION, SECTION 34-50; ARTICLE
IX, SECTION 34-287—USE REGULATIONS, GENERAL;
ARTICLE IX, SECTION 34-288—USE PERMITTED WITH
EXTRA REQUIREMENTS AS OUTLINED ON EXHIBIT “A”
ATTACHED HERETO; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Gardens adopted its own Land Development
Regulations (LDR) in 2010 to foster development and maintain stable neighborhoods,
and
WHEREAS, these regulations were tailored to align with development goals, to
include maximizing commercial opportunities along major corridors and within industrial
areas while maintaining the character of single-family residential neighborhoods, and
WHEREAS, this amendment increases the percentage which an applicant may
be granted an administrative parking variance and amends the minimum number of off-
street parking for certain residential type uses, and
WHEREAS, City Staff recommends that the City Council amend Article XII,
Section 34-381, Article II, Section 34-50, and Article IX, Sections 34-287 and 34-288, as
outlined in Exhibit “A” attached hereto,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENT: Chapter 34 of the City of Miami Gardens Code of
Ordinances is hereby amended as outlined in in Exhibit “A” attached hereto.
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
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Section 5. SEVERABILITY: If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 6. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 7.EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 28th DAY OF JANUARY, 2026.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON FEBRUARY 11, 2026.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
Moved by: Councilwoman Powell
Seconded by: Councilwoman Julien
VOTE: 6-0
Mayor Harris Absent
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Vice Mayor Stephens, III Yes
Councilwoman Baskin Yes
Councilman Leon Yes
Councilwoman Powell Yes
Councilwoman Wilson Yes
Councilwoman Julien Yes
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EXHIBIT A—TEXT AMENDMENT
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Sec.34-381.Number of required off-street parking space requirements for all districts and
uses.
(a)Required parkingfar multiple uses,Where there are multiple uses including accessory uses within one
development,building,or structure,the required parking for each use shall be computed and the summed
total number shall be the required number of parking spaces,except as provided in section 34-387 for
shared parking,
(in)Required number ofspaces whenfractiona/space computed.When calculations determining the number of
required parking spaces result in the requirements of a fractional space,any fraction up to and including one-
half shall be disregarded and fractions over oneehalf shall require one parking space.
(c)Tandem spaces,valet parking spaces,disabled parking spaces,parkingfor transporting young children
counted towards required spaces,Where in association with a specific use tandem or valet parking is
customary or incidental or provided,and required disabled and parking for transporting young children are
provided;the provision of such parking shall be counted towards the required number of parking spaces.
(d)Parking analysis required.Due to the unique and specific requirements that may not be standardized for
specific uses,the administrative official may require the submission of a parking analysis to determine the
required number of parking spaces,loading spaces,and configuration of the parking areas.Said parking
analysis shall provide details of the required parking standards for the specific use.Such study shall be based
on and relied upon,but not limited to,other existing parking requirements of similar uses,historical parking
data,special parking provisions or accommodations,use of mass transit,reliable statistical planning data and
studies,or other reliable sources to allow the administrative official to make the determination.
(e)Schedule ofoff—streetparking requirements.The minimum number of required off—street parking spaces for
specific uses are set forth in table 1 in this subsection‘The parking requirement for uses not listed in the
table shall be the parking requirement for the most similar related use in the master use and definition list,
Appendix A,as determined by the administrative officiaL
(f)Parking variance.W 25 percent maximum administrative parking reduction may be considered
when strict adherence to parking requirements may not be feasible,depending on factors such as the
location,size,and nature of the development.Property owners must demonstrate the property presents
unique circumstances or hardships that justify the need for reduced parking,Conditions or limitations may
be imposed on the property use,ifthe administrative variance is granted.These could include establishing
shared parking agreements,or conducting periodic reviews to assess parking demand Parking variance is
subject to traffic review and approval by the planning and zoning director or designee.
Table l.Off-Street Parking Requirements
Use Minimum Number of Off~StreetParking Spaces
Residential Type Uses
Assisted living facility (ALF)1 per each 2 beds plus 1 per each 2 employees
Community residential facility greater than 6 residents 1 per each 2 beds plus 1 per each 2 employees
Community residential facility up to 6 residents As required for dwelling unit
Day care center—Adult,or more than 5 children 1 for each personnel and transportation vehicle or 1
per 1,000 square feet gross floor area,whichever is
greater
Dormitories,fraternity or sorority house,on campus,2 spaces per 3 sleeping rooms or parking analysis
off-campus
Family care home 5 children or less As required for dwelling unit
Farm worker housing 1 per sleeping room
Halfway house 1 per each 2 beds plus 1 per each 2 employees
Created 2025718781 15:32:38 [EST]
(Supp.No.18)
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Hotels,motels,lodging 1 per 2 rooms/suites
Work/liveloft (residential component)1 space per unit
Mobile home,manufactured homes 2 spaces per unit
Residential—Mixed-use residential 1 for each one bedroom unit;1.25 for each 2 bedroom
unit;2 per 3 or more bedroom unit
Residential—Multifamily residential
1.5 space per 1 bedroom unit 2 spaces per 2 or more
bedroom unit"plus ‘25 guest spaces per unit
Residential—Single-familyidetached residential 2 spaces per unit
Residential—Townhouse 2 spaces per unit;plus .25 guest spaces per unit
Residential—Two-family residential 2 spaces per unit
Transient Housing—Shelters 1 per sleeping room plus 1 per employee
Watchman,manager or caretaker quarters—RV 1 per unit
Public And Institutional Type Uses
Airport,airfield,heliport,related uses-public,private Parking analysis
Community centers 1 per 250 square feet
Cultural and civic facilities—Libraries,museums 1 per 250 square feet
Detention facility Parking analysis
Educational facilities—College or university,private Parking analysis
Educational facilities—Private (includes charter)High school:1 per 10 student stations above grade 9,
1 per faculty/staff members,15 for visitors;Middle/Jr.
high:1 per faculty/staff member,10 for visitors;
Elementary:See middle/jr.high,visitors parking shall
be minimum 5 percent of all other required parking
Educational facilities—Public Per state requirements
Educational facilities—Technical,vocational,specialty Parking analysis
Government facilities,including administrative,
support and service
1 per 300 square feet
Hospital,private,public 1 per first 300 beds and 1 additional per 2 additional
beds,plus 1 per 3 employees and resident staff
members
Public parks and recreational facilities Parking analysis
Public safety facility Parking analysis
Sewage lift or pumping station Parking analysis
Solid waste transfer station Parking analysis
Transit station 3 per 2,500 square feet;1 per additional 500 square
feet;3 per additional 5,000 square feet
Utilities and related facilities Parking analysis
Water plant,waste water plant Parking analysis
Vehicle Related Commercial Type Uses
Car wash—Enclosed 1 per 250 square feet of GFA;minimum of 3
Car wash—Outside,hand wash 1 per 250 square feet of covered area(s);minimum of
3
Parking garage,lot—Commercial Not applicable
Rental-automobile only 3 per 2,500 square feet;1 per additional 500 square
feet
Rental—truckand other vehicles Parking analysis
(Supp.No.18)
Creared:2825716761 16:32:38 [EST]
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Bus charter service,passenger bus terminal 3 per 3,000 square feet;1 per additional 500 square
feet;3 per additional 5,000 square feet
Vehicle fueling stations and sales 1 per 250 square feet of GFA
Vehicle major repair—Mechanical,body 1 per 250 square feet of GFA
Vehicle minor repair—Mechanical,service 1 per 250 square feet of GFA
Vehicle—Arts sales and installation and service 1 per 250 square feet of GFA
Vehicle sales—Retail,new automobiles Parking analysis
Vehicle sales—Retail,used automobiles Parking analysis
Vehicle sales—Wholesale dealer,online,independent
dealer
1 per 2,000 square feet (minimum 2 spaces are
required)
Recreation,Entertainment Type Uses
Amusement parks,stadiums,arenas Parking analysis
Arcade,video games,electronic gaming 3 per 2,500 square feet,1 per additional 500 square
feet
Casino gaming facility Parking analysis
Golf driving range 3 per hole;1.5 per driving range station;other uses
per these requirements
Golf,miniature 3 per hole;other uses requirements
Gun,pistol range,gun clubs,archery clubs—Indoor Parking analysis
Race track—Horse Parking analysis
Riding clubs—Horses,off—roadvehicles,motorcycles Parking analysis
Sports fields,batting cages,basketball courts,racket
ball courts,sporting activities,bowling alley5#|ndoor
1 per 250 square feet
Sports fields,batting cages,basketball courts,racket
ball courts,sporting activities—Outdoor
Parking analysis
Restaurant,Food and Beverage Service Type Uses
Adult entertainment establishment 1 per4 persons based on maximum capacity
Bar/lounge,wine tasting room 1 per 4 persons on maximum capacity
Catering service 3 per 1,000 square feet of GFA
Nightclub,discotheque,club 1 per 4 persons based on maximum capacity
Microbrewery 1 per 1,000 square feet GFAdedicated to brewery
operations 1 per 4 seats for restaurant,tasting room,
outdoor seating areas
Restaurant—Sports,amusement,coffee/sandwich
shop,cafeteria,outdoor cafe,food hall
1 per 4 persons based on maximum capacity
Places ofPublicAssembly Type Uses
Auction house—Indoor 1 per 4 persons based on maximum capacity
Banquet hall 1 per 4 persons based on maximum capacity
Funeral homes 1 per 4 persons based on maximum capacity
Place of religious assembly 1 per 4 persons based on maximum capacity
Private clubs,not public 1 per 4 persons based on maximum capacity
Theater (movie,performing arts)1 per 4 persons based on maximum capacity
Commercial Type Uses
Convenience store 1 per 250 square feet of GFA
Donated goods center—New/used l per 250 square feet of GFA
Drug,pharmacy store 1 per 250 square feet of GFA
Flea market l per 250 square feet of GFA
(Supp.No,18l
Created:2625-19-61 15:32:35 [EST]
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Food specialty store 1 per 250 square feet of GFA
Grocery store 1 per 250 square feet of GFA
Liquor package store 1 per 250 square feet of GFA
Pawn shop 1 per 250 square feet of GFA
Plant nursery,retail or wholesale 1 per 1,000 square feet of gross sales and storage
area,interior and exterior
Retail—Big box,club membership,department 1 per 250 square feet of GFA
Retail—General,single use 1 per 250 square feet of GFA
Retail—Home improvement,building materials 1 per 250 square feet of GFA
Secondhand merchandise store/consignment store 1 per 250 square feet of GFA
OfficeType Uses
Call center 1 per 300 square feet of GFA
Office—Business,sales,professional,semi-
professional services
1 per 300 square feet of GFA
Office—Medicaloffice/medicalclinic 1 per 250 square feet of GFA
Service Type Uses
Animal grooming and pet sitting—Indoor 1 per 300 square feet of GFA
Animal hospital/veterinarian clinic 1 per 300 square feet of GFA
Animal kennel,boarding 1 per 2,500 square feet,1 per additional 500 square
feet
Animal shelters 1 per 2,500 square feet,1 per additional 500 square
feet
Blood banks,diagnostic medical treatment centers 1 per 300 square feet of GFA
Check cashing,bill payments 1 per 300 square feet of GFA
Copy,printing center 1 per 300 square feet of GFA
Cosmetic surgery,beauty clinics 1 per 300 square feet of GFA
Customer service center 1 per 300 square feet of GFA
Dry cleaning 3 per 2,500 square feet,1 per additional 500 square
feet
Equipment and tool rental 1 per 300 square feet of GFA
Financial institution—Banks,credit unions,investment
brokerage establishments
1 per 300 square feet of GFA
Health club,fitness club 1 per 4 persons based on maximum capacity
Laundromat,self»service 1 per 300 square feet of GFA
Package shipping,mail service 1 per 300 square feet of GFA
Personal care services 1 per 300 square feet of GFA
Repair and service shop—General merchandise 1 per 300 square feet of GFA
Studios—Photographic,and instructional 1 per 300 square feet of GFA
Tattoo parlor,body piercing 1 per 300 square feet of GFA
Other Uses
Cemetery,mausoleums Parking analysis
Crematory 1 per 4 based on maximum capacity
Wireless antennas and support services Parking analysis
Industrial Type Uses
Distribution center 1 per 1,000 square feet GFA
Dry cleaning—Commercial laundry plant 1 per 1,000 square feet of GFA
Industrial uses—Heavy 1 per 1,000 square feet GFA;minimum 2 spaces
(Supp.No.18]
Created:182546-81 15:32,}?!{EST}
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Industrial uses—Light l per 1,000 square feet GFA;minimum 2 spaces
Laboratory—Medical,research,testing 1 per 250 square feet of GFA
Maker space Parking analysis
Mining/extraction.rock quarry Parking analysis
Outdoor storage,open air storage (including vehicles)1 per 5,000 square feet of lot area
Radio and transmitting station 1 per 1,000 square feet of GFA
Recycling facility,refuse disposal Parking analysis
Salvage yard,junkyard l per 5,000 square feet of lot area
Self-service storage facility 1 per 5,000 for first 20,000 square feet plus 1 per
10,000 square feet thereafter,plus 1 per 400 square
feet of office plus 1 per manager's apartment;
minimum of 5 per facility
Showrooms,retail sales 1 per 300 square feet of showroom area
Showrooms,wholesale sales 1 per 600 square feet of showroom area
Studio for movie,television,music production Parking analysis
Warehouse 1 per 1,000 square feet of GFA
Agricultural Type Uses
FarmsiProduce,livestock Parking analysis
Greenhouses—Nurseries,retail Minimum of 8 up to first acre plus 1 per acre
thereafter
Outdoor storagerAgriculture l per acre"
Produce stand,farmers market Minimum of 3;3 per 1,000 square feet of sales area
Seed drying facility 1 per 2,000 square feet of GFA or 1 per employee
whichever is greater
Urban agricultural gardens Parking analysis
(Ord.No.2010-10-218,§2(12-80),4-7-2010;Ord.No.2013719307,§2(Exh.A),9-10-2013;Ord.No.2016-14-360,
§2(Exh.A),9-28-2016;Ord.No.2020-001-420,§2(Exh.A),1—22-2020,‘Ord.No,2025-002-482,§2(Exh,A),1-22-
2025)
Created:ZGZSJGVOI 15:32:38 [EST]
(Supp.No.18)
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Sec.34-50.Administrative variance and waivers.
(a)Purpose and intent.The purpose of this section is to provide a procedure for property owners to obtain
minor administrative variances or waivers of regulations pertaining to setbacks,height,lot coverage,building
spacing requirements,sidewalk width,and sign regulations,provided that the specified standards of this
section are met,These standards provide for substantially the same patterns of site development as the
underlying regulations.
(b)Authorized administrative variances and waivers.Notwithstanding any other provisions of this chapter to the
contrary,the administrative official shall have the authority to,by administrative decision,approve,approve
with conditions,or deny applications for the following administrative variances and waivers:
(l)Adecrease or increase of any numerical requirements for not more than 25 percent.
(2)A reduction in the setback of accessory structures for not more than 50 percent of that required by the
underlying district.
(3)An increase in the lot coverage of accessory structures for not more than 50 percent of that permitted
by the underlying district,
(4)A reduction in the spacing between principal and/oraccessory structures on the same lot;provided,
however,in no event shall such spacing be less than five feet,
(5)An increase in fence,wall,hedge or building heights,and an increase in the FAR,lot coverage or both,
of the principal structure,not to exceed 25 percent above that permitted by the underlying zoning
district.
(6)A reduction of the number of required off—street parking spaces of not more than,19 5 percent of
that required for the specific use.
(7)A waiver of dimensional standards for offestreet parking spaces that are provided in excess of the
number required in this chapter.
(8)Allowing required parking spaces to be located off-site,as set forth in section 34-379.
(9)Allowing the contribution of funds in lieu of constructing required sidewalks,sidewalk widths,as set
forth in section 34-219,
(10)Allowing the contribution of funds in lieu of compliance with landscape and buffering requirements,as
set forth in section 34-444.
(11)Waiver or variation of the sign code regulations as set forth in section 34-655,
(12)Use of barb wire,electrical elements or other hazardous materials on fence or walls in all districts,
except in the R districts,as set forth in section 34-446.
(13)Variation or waiver of dumpster design standards,as set forth in section 34-312.
(14)Variances or waivers in association with a vested rights determination agreement,as set forth in
section 3462.
(15)Variances or waivers of street,alley,and lot design standards as set forth in section 34—219.
(16)Variance or waiver of to allow a pump house or wire construction fence,masonry wall,or wood fence
in right—of-way,or for continued occupation of same,as set forth in section 34224.
(17)Variances to extend hours of operation up to two additional hours for alcoholic beverage
establishments,as set forth in subsection 6-349(d)of the Code of Ordinances,or for other
establishments of which the city may have regulations governing hours of operations.
CreatEii:2025710781 16:32:35 [EST]
(Supp.No.18)
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(18)Variances or waivers for permits prior to right—of-waydedication as set forth in section 34—216.
(19)a.Administrative variances for signage shall be limited to a maximum increase or decrease of 25 percent
of the dimensional requirements.
b.Petition for an administrative variance to signage shall be submitted on a form approved by the
city and with the established fee.Submittal of the petition for administrative variance shall not
be construed as a granting of approval of the variance
(c)Exceptions,The following are exceptions where administrative variances or waivers shall not be authorized:
(1)
(Z)
(3)
(4)
(5)
(6)
Variance or waiver of canopy carport regulations.
For landscape and buffering requirements,except for contribution of funds in lieu of compliance.
Allow the continuation of a nonconforming or illegal use or structure on the property.
Variation of setbacks for more than two sides of a building or structure.
Where an administrative variance or waiver,if granted,would further a previously approved variance
or waiver.
Where an administrative variance or waiver would result in creating a nonconformity of regulations
and/orcreate an additional noncompliance with this chapter.
(d)Applications,and signed consent afneighboring property owners,mailed notices.
(1)The applicant must file a request to the planning and zoning department in a form approved by the
administrative official containing all the information necessary for the administrative official to make
an administrative decision,which shall include,but is not limited to,identification of the specific
provisions of this chapter from which a administrative variance or waiver is sought;the nature and
extent of the variance or waiver;and the grounds relied upon to justify the approval of the variance or
waiver.
(2)Such application shall be accompanied by the required submittal documents and fee as determined by
the administrative official,which may include,but shall not be limited to,the one of the following:
a.Signed consent ofneighboring property owners.
1.The signed consent of all contiguous property owners,including those located across the
street from the subject site,shall be submitted by the applicant on a form prescribed by
the administrative official,and on the site plan submitted for consideration.
2.Said consent shall not be required when a separating public right—of-waymeasures 70 feet
or greater,nor shall consents be required when a body of water completely separates the
subject parcel from another parcel.
3.Ifthe applicant for an administrative adjustment is unable to obtain either the signed
consent or objection of a neighboring property owner,the signature of that owner shall
not be required if the applicant demonstrates the section has been complied with.
b.Mailed notices.The applicant shall provide written mailed notice of the request for
administrative variance or waiver to the abutting property owners.Such notice shall be deemed
sufficient if it accurately describes the adjustment requested,ifit informs the abutting property
owners of the consequences of a failure to respond within a specified time,and ifsuch notice is
sent first class mail,return receipt requested,to the property owners of record,as reflected on
the county property appraiser's tax roll,as updated;and the applicant for the administrative
adjustment shall present proof acceptable to the administrative official one of the following two
events has occurred:
Created‘2825-18~81 16'32:35 [EST]
(Supp.No.18)
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1.After 30 days from receipt of notice,as indicated on the return receipt.the neighboring
property owner has failed to respond;or
2.The United States Postal Service has returned the notice as undeliverable.
c.Exceptions.The administrative official may,where it is deemed that mail notice is not
appropriate,may waive the requirements of signed consent of neighboring property owners,and
mailed notices set forth in this section,
(e)Inspection,Upon receipt of the application for an administrative adjustment,the administrative official,prior
to making a decision,may inspect the site of the subject property and the surrounding properties to
determine what impact,ifany,the proposed administrative variance or waiver willhave on the adjoining
lots.
(f)Criteria forgranting an administrative variance or waiver.The administrative officialshall review for the
following standards when considering granting an administrative variance or waiver:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The architectural design,scale,mass,and building materials of any proposed structure or addition shall
be aesthetically harmonious with that of other existing or proposed structures or buildings on the
property;
The plan shall clearly illustrate water runoff solutions for the encroaching construction area;
The property owner shall certify in writing that any and all easement areas as shown on the recorded
plat remain unencumbered by the encroaching construction,unless a release of interest by the
easement holders is obtained and submitted prior to permit issuance;
The applicant provides written certification from a registered architect or engineer that the existing
encroaching construction complies,or can be made to comply with.all applicable construction codes,
including,but not limited to the Florida Building Code,and the applicable Fire Prevention Code;
Any reduction in the spacing requirement between a principal building and an accessory building or
structure on the same lot shall not result in a situation that causes maintenance difficulty or an
unsightly appearance;
The proposed accessory building or structure is a normal and customary accessory residential use;
The property owner certifies in writing that the type and placement of any proposed outdoor lighting
fixtures shall comply with this chapter and the Florida Building Code;
Notwithstanding the foregoing,no proposed administrative variance or waiver shall be approved
where the administrative official determines that the proposed construction or addition:
a.Will not be in harmony with the general appearance and character of the subject block face or
the block face across the street from the subject property or will result in a significant diminution
of value of the adjacent property;
b,Will be detrimental to the public welfare in that it will have substantial negative impact on public
safety due to unsafe traffic movements,heightened pedestrian-vehicular conflicts,or heightened
risk of fire;
c.Creates materially greater adverse privacy impacts on adjacent residences than that permitted by
the underlying district regulations;or
d.Will not be inconsistent or in conflict with the express purpose and intent of the regulations
being varied or waived.
Created:221918791 16:32:35 [EST]
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(h)
(i)
Conditions and safeguards.In granting an administrative variance or waiver,the administrative official may
prescribe conditions and safeguards deemed necessary to protect the interests served by the underlying
zoning district regulations,including,but not limited to:
(1]Landscape materials,walls,and fences as required buffering.
(2)Modification of the orientation or deletion of any openings.
(3)Modification of site arrangements.
(4)Modification of plans,
(5)Declaration of restrictive covenants limiting the use of the property.
(6)Limitations on time or duration of approval of said variance or waiver,or for compliance,
Public notice,effectivedate and permit issuance.Upon receipt of all necessary information including a staff
report,the administrative officialshall review the information and render a decision,approving,approving
with conditions,or denying the administrative variance or waiver request.No approvals or modifications
shall be effective,nor shall any building permits be issued,until it has been determined that no timely appeal
of the administrative official's decision as provided in subsection (i)of this section has been filed with the
department.If a timely appeal of the administrative adjustment is filed,no approvals or modifications shall
be effective,nor shall any building permit be issued,until final disposition of the appeal,including judicial
rewew.
Appeals ofdecision.The applicant,or any aggrieved property owner in the area,may appeal the decision of
the administrative official to zoning appeals board in the manner provided for in section 34-46.In the event
an appeal is made by an aggrieved property owner in the area,the administrative official may stop or
suspend any construction authorized by the approval,until a decision has been made on the appeal,In the
event the administrative official should determine that the suspension of the construction could cause
imminent peril to life or property he or she may permit the construction to continue upon such conditions
and limitations,including the furnishing of an appropriate bond,as may be deemed proper under the
circumstances.
Recording,The decision of the administrative official shall be recorded on the officialzoning maps of the city,
(Ord.No.2010—10118,§2(2-110),44-2010;Ord.No.2011—03245,§4,3-23»2011;Ord.N0.2014-02-314,§2(Exh.
A),1-8-2014;0rd.N0.2014»17-328,§2,10-8-2014;Ord.No.2025-002-482,§2(Exh.A),1-22-2025)
Created:zen-mp:16:32:15 [EST]
(Supp.No.18)
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Sec.34-287.Use regulations,generally.
(a)
(b)
(C)
(e)
(h)
(i)
Permitted uses.Permitted uses are considered to be fundamentally appropriate within the district in which
they are located,and are deemed to be consistent with the comprehensive plan.These uses are permitted as
of right,subject to any use-related standards and requirements that may be applicable in section 34-288,and
the site plan and permit requirements and procedures described in this section.
Special exception uses.A use listed as a special exception in a zoning district is deemed to be generally
unsuitable for location in such district,but may be permitted on a case~by»case basis if,after review and
possible attachment of conditions pursuant to the procedures and criteria of section 34-48,the city
determines that the use will be appropriate in the given zoning district.A special exception use is also subject
to extra requirements in section 34288 when indicated in the use regulations schedule.
Accessory uses.Principal uses listed in the use regulations schedule are deemed to include accessory uses
listed in article X of this chapter,where such accessory uses are customarily associated with,and are
incidental and subordinate to,such principal uses.An accessory use shall be subject to the same regulations
that apply to the principal use in each district,except as otherwise provided.
Temporary uses.Uses that are deemed temporary in nature,at the sole discretion of the administrative
official or regulated otherwise,by separate ordinance,shall not be subject to the standards and
requirements as set forth in this chapter,except that the administrative official may impose conditions,
which may include,but not limited to,limiting the period of approval for such uses,imposing hours of
operations,operation standards to minimize impacts on surrounding properties,and other conditions
deemed necessary to minimize detrimental impacts to the welfare of the community.
Prohibited uses.Any use not specifically listed as a permitted or special exception use,or as an accessory use
to a permitted or special exception use,or any use for which the administrative official cannot categorize as
similar to a permitted use,special exception use,or accessory use related to a permitted or special exception
use,shall be considered expressly prohibited.
Site plan required.Permitted uses that are subject to use-related standards in section 34-288 and allspecial
exception uses require final site plan review and approval.
Permits required.Except as explicitly provided herein,no use designated as a permitted or special exception
use in this chapter shall be established until after the person proposing such use has applied for and received
all required development permits which may include final plat approval,final site plan approval,a building
permit,certificate of use,and a certificate of occupancy;all pursuant to the requirements of this chapter.
Uses within an enclosed building.Alluses and related activities shall be within an enclosed building,except as
may otherwise be permitted in this chapter,or as would be allowed as a customary,incidental,or common
practice activity to the use.
Permitted use table.The following permitted use table,supplemented by the master use list and use
definitions set forth in section 34-733,shall be used to determine the zoning district in which a given use may
be established,In the event of conflict between the use table in this section and section 34733,the
administrative official shall render an interpretation as to which prevails.
treated:202546-81 1s 32 37 [EST]
(Supp.No.18)
Page 2 of 56
Page 14 of 68Ordinance No. 2026-004-493
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Page 18 of 68Ordinance No. 2026-004-493
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Page 19 of 68Ordinance No. 2026-004-493
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Page 20 of 68Ordinance No. 2026-004-493
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Page 24 of 68Ordinance No. 2026-004-493
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Page 25 of 68Ordinance No. 2026-004-493
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Sec.34-288.Uses permitted with extra requirements.
The extra requirements of this section shall be deemed necessary in order for uses subject to such
requirements to be considered appropriate and compatible within the applicable zoning districts where such extra
requirements apply.
(1)Adult day care center
3.Applications to establish adult day care centers shall comply with the requirements of Chapter
408,Part II,Florida Statutes and Chapter 429,Part III,Florida Statutes;and shall include a written
statement that the proposed adult day care center will comply with all applicable county and
state regulations.
Minimum site area must conform to the requirements for the district within which the facility is
to be located.
Minimum lot width:100 feet.
Minimum distances:Allprincipal and accessory structures shall be 30 feetfrom any residential
zoning district or residential use.
At least 50 square feet of available recreation area shall be provided for each adult.Recreation
areas may be provided within an enclosed air-conditioned area or outdoors or a combination of
both.Outdoor recreation areas shall not be located within the front setbacks.Outdoor recreation
areas shall be screened with a solid wall or fence not less than six feet in height meeting the
approval of the administrative official or designee.Landscaping shall be required pursuant to
article XIVof this chapter.
(2)Adult entertainment establishment.In the development and enforcement of this section,it is
recognized that there are uses which because of their very nature are recognized as having serious
objectionable characteristics,particularly when several of them are concentrated in any given location,
thereby having a deleterious effect upon the adjacent business and residential areas.it is desirable,
therefore,to locate these adult-oriented activities away from residential areas and public facilities that
are used frequently by minors,such as schools,churches,parks,libraries,day care centers,or
nurseries Such uses are subject to the following:
a.For the purpose of this section the following definitions for terms used herein shall apply:
1.Adult bookstore.Any business engaged in displaying,distributing,bartering,renting or
selling printed matter,pictures,films,graphic or other materials which activity requires the
exclusion of minors pursuant to RS,ch.847,unless such activity comprises no more than
15 percent of the total floor area and is kept from clear view of minors,
2.Adult theater.Any business engaged in presenting films,theatrical productions,
performances,recitals,displays,printed matter or other entertainment which activity
requires the exclusion of minors pursuant to F.S.ch.847.
3.Adult entertainment club.Any business which features live entertainment requiring the
exclusion of minors pursuant to F.S ch.847.For such uses,upon review of a certificate of
use application,the administrative official may impose conditions as deemed necessary to
ensure compliance with code requirements or minimize or mitigate the impacts of the use
on public facilities,adjacent properties and the surrounding neighborhood,including,but
not limited to:
(i)Restriction of hours of operation;
(Supp.No.18)
created:262546-91 16:32.37 [Esr]
Page 1 of 43
Page 26 of 68Ordinance No. 2026-004-493
Docusign Envelope ID: DC038379-C462-4D59-BF56-88B96E5F56A7
(ii)Security requirements;
(iii)Off—dutypolice requirements;
(iv)Limitations of use to within the enclosed premises;
(v)Posting of policies,as it refers to dress code and services of alcohol;
(vi)Business registration with city and other programs such as a "We Care"
business;
(vii)Conditions to minimize noise and for nuisance abatement.
In addition,prior to the issuance of a certificate of use,the applicant shall submit a security
plan to the city which details the applicant's plans for interior and exterior security,for the
review and approval by the police chief or the police chief's designee.At a minimum the
security plan shall indicate the number of security personnel to be used and the number of
off-duty police officers to be used.Nothing contained herein shall be deemed to affectany
variances that were previously approved by the city council.
4.Adult video store.Any business engaged In displaying,renting or selling videotapes which
activity requires the exclusion of minors pursuant to F.S.ch.847,unless such activity
comprises no more than 15 percent of the total floor area and is kept from clear view of
minors.
5.Massage establishment.Any shop,parlor,establishment or place of business wherein all or
any one or more of the following named subjects and methods of treatments are
administered or practiced:Body massage either by hand or by any mechanical or electrical
apparatus or device (excluding fever therapy),applying such movements as stroking,
friction,rolling,vibration,kneading,cupping,petrissage,rubbing,effleurage or
tapotement.
Nothing in this section shall be construed as applying to state licensed massage therapists,
barbers,cosmetologists,manicurists,pedicurists,physical therapists'assistants,midwives,
practical nurses,agents,servants or employees in licensed hospitals or nursing home or
other licensed medical institutions,licensed physicians,osteopaths,chiropractors,
podiatrists,naturopathic physicians or other licensed medical practitioners,or their agents,
servants,or employees acting in the course of such agency,service or employment under
the supervision of the licensee;provided,however,that,for the purpose ofthis section,
the term "massage establishment”shall not include any massage establishment wherein at
least one state licensed massage therapist is employed and on duty full time during the
hours open for business.
6.Adult modeling establishments.Any establishment offering nude or partially nude
modeling sessions or lingerie,swimwear or photography modeling sessions between two
or more persons requiring the exclusion of minor pursuant to F.S.ch.847.
7.Encounter studio,All establishments offering nude or partially nude encounter sessions
between two or more persons,nude or partially nude dance encounter sessions between
two or more persons,and sexual consultation requiring the exclusion of minors pursuant to
F.S.ch.847.
b.The following additional uses shall be permitted in the I-1 zone:
1.Adult bookstore;
2.Adult theater;
Created-2825-18-91 1532'37 [EST]
(Supp.No.18)
Page 2 of 43
Page 27 of 68Ordinance No. 2026-004-493
Docusign Envelope ID: DC038379-C462-4D59-BF56-88B96E5F56A7
6.
7.
Adultentertainment club;
Adultvideo store;
Massage establishment;
Adult modeling establishment;
Encounter studio.
Unless each individual adult entertainment use is approved as a special exception,none ofsuch
uses shall be permitted:
1.Within 1,000 feet of a private school,as defined in appendix A in section 34-733,public
school,place of religious assembly,public park,public library,day care center or nursery
for children;
Within 1,200 feet of any of the uses described in subsection (l)b of this section;and
Within 750 feet of any residential zoning (with the exception of AU)district located within
either the unincorporated areas of the county or within the city;provided,however,that
the spacing requirements above shall not apply where the adult entertainment use is
separated from the uses set forth in this subsection by a county or state road of not less
than six lanes,or an expressway.
Allother distance and spacing requirements pursuant to this chapter shall apply,as well as
those spacing requirements imposed by state law,ifsuch state spacing requirements are
more restrictive than the regulations contained herein.Any application seeking a variance
from state imposed spacing requirements shall be heard directly by the city council
pursuant to section 3447.The distance and spacing requirements set forth in subsection
(1)c of this section shall be measured as follows:
(i)From a place of religious assembly,the distance shall be measured by following
a straight line from the nearest point of the proposed place of business,
whether it is the structure itself or the parking lot used by the patrons of the
proposed place of business,to the nearest point on the place of religious
assembly property.
(ii)From a private or public school,the distance shall be measured by following a
straight line from the nearest point of the proposed place of business,whether
it is the structure itself or the parking lot used by the patrons of the proposed
place of business,to the nearest point on the school grounds.
(iii)From another adult entertainment use,the distance shall be measured by
following a straight line from the front door ofthe proposed place of business
to the nearest pointofthe existing adult entertainment use.
(iv)From residential zoning districts,the distance shall be measured by following a
straight line from the nearest point of the proposed place of business,whether
it is the structure itself or the parking lot used by the patrons of the proposed
place of business,to the nearest boundary of the residential zoning district.
(v)From a public park,the distance shall be measured by following a straight line
from the nearest point of the proposed place of business,whether it is the
structure itselfor the parking lot used by the patrons of the proposed place of
business,to the nearest point on park grounds.
(Supp.No.18)
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(vi)From a public library,the distance shall be measured by following a straight line
from the nearest point of the proposed place of business,whether it is the
structure itself or the parking lot used by the patrons ofthe proposed place of
business,to the nearest point of the library property.
(vii)From day care centers or nurseries for children,the distance shall be measured
by following a straight line from the nearest point of the proposed place of
business,whether it is the structure itself or the parking lot used by the patrons
ofthe proposed place of business,to the nearest point on the property ofthe
day care center or the nursery.
(viii)For the purposes of establishing the distance between the uses set forth in
subsection,and between such uses and private schools,public schools,places
of religious assembly,public parks,public libraries,day care centers or
nurseries for children,or residential zoning districts,the applicant for such use
shall furnish a certified survey from a professional mapper and surveyor
licensed in the state.Such sketch shall indicate the distance between the
proposed place of business,and any existing adult entertainment use,any place
of religious assembly,public school,private school,public park,public library,
day care center or nursery for children or residential zoning district.Each sketch
shall indicate all such distances and routes.In case of dispute,the
measurement,scaled by the administrative official shall govern.
Exemptions to spacing requirementsThis subsection shall not apply to accredited universities,
accredited colleges or other accredited educational institutions,museums,art exhibits,arts and
cultural performance theaters and playhouses or commercial professional photography and
portrait studios which may use nude subjects for their photographs or portraits.
Legally existing nonconforming uses.The following uses shall be deemed legally existing,whether
or not such uses comply with the regulations enacted by this subsection,provided however,that
nothing contained herein shall exempt such uses from complying with section 34758,
nonconforming uses and structures.Any adult entertainment use for which a building permit has
been issued to establish such use prior to January 1,2002,provided the work authorized by the
building permit is completed and a certificate of use and occupancy ("CO")is issued within the
time prescribed by applicable regulations;or any adult entertainment use for which a CD has
been issued prior to January 1,2002,provided such CO is valid (not expired or revoked)as of
January 1,2002.
(3)Adultfumily care home,up to?ve residents.Are permitted in a single dwelling unit provided:
a.
b.
That the total number of resident clients on the premises shall not exceed five.
That the home owner resides with the clients being served.Resident clients include disabled
adults and older persons who are unable to live independently.
That the operation of the facility shall be licensed,as provided in F5.429.67,and that such
sponsoring agency promptly notify the administrative official ofsaid licensure no later than the
time of home occupancy.
That the facility shall be located at least 1,000 feet from another existing,un-abandoned,legally
established group home facility.The distance shall be measured by following a straight line from
the nearest portion of the structure of the proposed use to the nearest portion of the structure
of the existing use.
A request issubmitted to the city on an approved form accompanied by the required fee
verifying the distance requirement as outlined in this section has been complied with.
(Supp.No.18)
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(4)Airport,airfield,heliport,public,private.Planned development approval is required pursuant to section
34-628.
a.Additional application requirements.The following shall be submitted as part ofthe planned
development application,unless waived by the administrative official on the basis of adequate
existing data or conditions specific to the application that negate the need for such information.
1.A detailed traffic impact analysis.
2,A detailed parking analysis.
3.A Federal Aviation Administration (FAA)airspace analysis.
4.A preliminary state department of transportation airport license report.
Additiona/standards.
1.Minimum ground facilities,navigational aids,landing strip dimensions and related
requirements of the state department of transportation for airports.
2.Heliport and helipad design guidelines adopted by the Federal Aviation Administration.
3.Guidelines adopted by the Federal Aviation Administration ifa general aviation airport;
adopted by the Federal Aviation Administration.
4.Fencing or screening as required by the zoning appeals board.
5.Minimum distances:
(i)All ends of runways:at least 50 feet from any property line or as required by
the state department of transportation,whichever is greater.
(ii)All principal and accessory uses:at least 50 feet from any property line.
(iii)All runways and associated takeoff and landing facilities:at least 50 feet from
any property line.
(5)Amusement par/rs,stadiums,arenas,
a.
b.
Planned developmentapproval is required pursuant to section 34-628.
Minimum lot area.The minimum lot area required for arena,auditorium or stadium uses shall be
no less than five acres.
Frontage.The minimum required frontage on a public street for arena,auditorium or stadium
uses at the primary point of access shall be a minimum of 400 feet in length.
Access.All points ofvehicular access for arena,auditorium or stadium uses shall be from an
arterial road.The access points shall be located to minimize vehicular traffic to and through local
streets in residential neighborhoods.
Fencing and screening.Safety fences up to a height of six feet shall be required,ifdetermined
appropriate,to protectthe general health,safety and welfare.Landscape screens of at least 75
percent opacity shall also be required if it is determined they are necessary to ensure
compatibility with surrounding uses and to protect neighboring land values.
(6)Animalhospitals,veterinarian clinics.Animal hospitals and veterinarian clinics shall be subject to the
following provisions:
3.All services shall be administered within a soundproof,air»conditioned building.
(Supp.No.18)
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Animal exercise areas that are part ofany animal hospital or veterinarian clinic may be located
outside provided that an operational plan is submitted as part of the certificate of use and
approved by the administrative official,that ensures that outdoor operations will not negatively
impact surrounding areas.
(7)Animalkennel—Commercial,boarding,dog trainingfaci/ity.
a.Limitations ofuse.A commercial kennel use shall be limited to the raising,breeding,boarding,
sale,and grooming (herein after collectively referred to as "commercial care")of domesticated
animals such as dogs and cats.In addition,dog training facilities and the commercial care of
snakes or birds may be permitted provided this use is explicitly requested during the approval
process.
Regulations.Care of domestic animals is subject to all state,county,and city regulations.
Minimum Iotsize.The minimum lot Size shall be two acres.
Frontage.The minimum required frontage on a public road to be used for the primary point of
access shall be 100 feet.
Setbacks,No structure or outdoor run shall be located within 25 feet of any property line.
Outdoor runs.Alloutdoor exercise runs shall be set back 50 feet from property lines and shall not
be located closer than 500 feet from residentially zoned or residentially developed property.
Where outside exercise runs are provided,a landscaped buffer or decorative masonry wall shall
enclose the runs,and use of the runs shall be restricted to use during daylight hours.
Outdaorareas,Where outside exercise runs are not provided,an outside area shall be
designated for dogs (or cats)to relieve themselves,and that area shall be enclosed by a
landscape buffer or masonry wall.Additionally such area shall be set back 50 feet from property
lines and shall not be located closer than 500 feet from residentially zoned or residentially
developed property.
[Operational plan to be submitted]An operational plan shall be submitted as part of the
certificate of use and approved by the administrative official,that ensures business operations
will not negatively impact surrounding areas.
(8)Assisted livingfacility (ALF),up to six residents.Are permitted in a single dwelling unit provided:
a.
b.
That the total number of residentclients on the premises shall notexceed six.
That the operation of the facility shall be licensed,as provided in F.S.ch.429,and that such
sponsoring agency promptly notify the administrative official of said licensure no later than the
time of home occupancy.
That the facility shall be located at least 1,000 feet from another existing,un-abandoned,legally
established group home facility.The distance shall be measured by following a straight line from
the nearest portion of the structure of the proposed use to the nearest portion of the structure
of the existing use.
A request is submitted to the city on an approved form accompanied by the required fee
verifying the distance requirementas outlined in this section has been complied with.
(9)Assisted livingfacility (ALF)greater than six residents In addition to requiring a special exception use
approval,the following standards shall be complied with:
a.Location and access.Ifambulance service is required,a nursing or convalescent facility use shall
have access from a collector road designed to minimize the adverse effects on adjacent property.
The environment created for a nursing or convalescent facility use should be of a pronounced
(Supp.No.18)
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residential nature and should be designed to minimize any adverse conditions that might detract
from the primary convalescent purpose of the facility.
Minimum lot area.The minimum lot area shall be 10,000 square feet or the minimum
requirement of the district in which located,whichever is greater.
Frontage.The minimum frontage for the lot on which the nursing or convalescent facility is
located shall be 100 feet,or the minimum requirement of the district in which located,whichever
is greater.
Density.Shall be consistent with future land use element ofthe comprehensive development
master plan.
Roam size.Sleeping rooms shall be no less than 100 square feet for single~occupancy,and 185
square feet for double occupancy.
Occupancy.Rooms or suites of rooms shall not be designed,altered or maintained for family
living purposes.
Food preparation.The preparation of food shall be accomplished at a central kitchen facility.
Meals can be served to persons in their rooms.
Room facilities.Each patient room shall be equipped with sanitary facilities in addition to audio
monitors and call buttons.At least one bathing facility shall be provided for every ten patients.
Minimum leisure floararea.At least ten square feet of total floor area per patient shall be
devoted to a common area exclusive of halls,corridors,stairs and elevator shafts,wherein a
variety of recreational or therapeutic activities shall occur.
(10)Bar/lounge,wine tasting room.
a.Shall comply with all licensing,spacing and other regulations setforth in article Vof this chapter
for sale of alcoholic beverages,
Shall not operate as a nightclub/discotheque/club as defined here in this chapter.
Premises must be a minimum of 1,500 square feet in gross area.
Upon review ofa certificate of use application,the administrative official may impose conditions
as deemed necessary to ensure compliance with code requirements or minimize or mitigate the
impacts of the use on public facilities,adjacent properties and the surrounding neighborhood,
including,but not limited to,the following:
1.Restriction of hours of operation.
2.Security and/or offrduty police requirements;
3.Limitations of use to Within the enclosed premises;
4.Posting of policies,as it refers to dress code and service of alcohol;
5.Business registration with city and other programs such as a "We Care"business;
6.Conditions to minimize noise and for nuisance abatement.
In addition to the general requirements,wine tasting rooms are subjectto the following:
1.Wine tasting rooms are subject to the same spacing requirements as bar/lounge.
2.Only wine and non-alcoholic beverages and food other than meals,such as appetizers,
tapas,snacks and similar types of food may be served.For purposes ofthis section,”meals"
(Supp.No.18)
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shall mean an assortment of foods commonly ordered in bona fide full service restaurants
as principal meals ofthe day.
3.Wine and nonalcoholic beverages may be sold at retail for on-premises consumption and
for off-premises.
(11)Carwash,enclosed.
a.
C.
d.
The cleaning of the interior of motor vehicles,waxing of the exterior detail work of motor
vehicles,drying and exterior cletail work of motor vehicles if any,may be permitted as ancillary
use outdoors,providing the requirements of car wash-outdoors use are complied with.
Permitted in conjunction a vehicle fueling station or as a standalone operation on lots with a
minimum area of 10,000 square feet.
No outdoor speaker or public address systems,which are audible off-site,shall be permitted.
The property shall be in compliance with all DERM and other regulatory agencies.
(12)Corwash,outdoor.Shall be permitted subject to complying with the following:
a.Permitted only in conjunction a vehicle fueling station,providing all activities shall be performed
under a covered structure,Said structure shall comply with Florida Building Code and shall
maintain all required setbacks ofthe underlying district.
Prior to issuance of a building permit or certificate of use a site plan shall be submitted with
information and detail necessary to determine setbacks and to show traffic circulation,parking,
and customer waiting areas.Such plans shall meet the approval of the administrative officral
prior to issuance of a building permit or certificate of use.
No outdoor speaker or public address systems,which are audible off-site,shall be permitted.
The property shall be in compliance with all DERMand other regulatory agencies.
No outdoor carwash use shall be permitted on a parcel that is within 100 feet ofa residential
zoning district or residential use.
(13)Curwash,mobile.Mobile car wash/waxmeans any type of vehicle or apparatus that is used to wash
motorized vehicles that is ambulatory,and is not permanently affixed to real property.Mobile
carwash/waxvendors shall be governed by the following regulations:
a.Mobile service vendors may operate from 8:00 am.to 7:00 pm.No mobile service vendor shall
station itself upon any public street or right~ofeway.Neither shall any mobile service vendor
station itselfupon any private property except with the express permission of the owner thereof
and in a manner,which does not impede the flow of traffic in public streets or rights-of—way nor
block pedestrian access to public streets or rights-of—way.
b.All mobile service vendors must provide for their own trash and garbage removal such that no
trash or garbage remains on the premises upon which the vending was conducted.
c.No property owner may permit mobile carwash vendors to operate on their property for longer
than four hours,or operate on site more than two times per week.
d.No signage,other than normal commercial graphics painted upon the actual mobile serVIce
vehicle,shall be permitted.
e,With approval from the city,an exception to (c)above may be made for mobile service vendors
who are stationed within approved parking structures.
Created:ZGZSrlevel 15:12:37 [tsrj
(Supp.No.18)
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Mobile service vendors must operate from four-wheel motorized vehicles registered in the State
of Florida.
Mobile car washes are not permitted within the city limits unless the mobile vehicle is equipped
with an approved industrial wastewater transportable treatment system and has been issued a
city business license.
No steam cleaning,solvents,and/or degreasers may be used.
No run-off into the stormwater utilities is permitted.
Ifsoap is used,any run-off must be negligible and contained on private property.
Mobile car wash/wax services shall not be permitted to operate within 1,000 feet of a car
wash/waxservice with a fixed business located within the city,and that has a valid business tax
receipt and certificate of use.
(14)Box lunches,distribution.No person shall distribute box lunches until such person has obtained a
business tax receipt (BTR)and certificate of use (CU)permit from the administrative official.Such
permit shall be subject to the following restrictions:
a.
d.
E.
No selling to be conducted on,or from,the public right-of-wav and such sales to be made only
from private property on which is located the use whose employees desire the service,and then
only with the consent of the owner of such private property.(In the event active construction
prevents access to private property,a temporary stop may be made on right-of-way.)
The uses to be served to be confined to industrial,and any development with an active building
permit and under active construction.
Owners of the box lunch business to be responsible for the action of their drivers and salesmen,
and that such drivers and salesmen to do everything possible to prevent and eliminate the
scattering of food,cups,napkins,garbage,and other related disposable products at their stops.
Vehicles are not permitted to park at any one location more than two hours.
The hours ofdistribution shall be limited to between 11:00 am.and 3:00 pm,
Nothing contained herein shall prohibit temporary mobile food facilities in accordance with chapter 4,
article ll,section 4745‘
(15)Catering service.
El.Shall comply with all regulations set forth in the article V ofthis chapter for sale ofalcoholic
beverages.
Shall obtain a business tax receipt (BTR)and certificate of use (CU)permit from the
administrative official.
Catering operations including food preparations shall be conducted from a storefront with a
physical address.
Catering trucks or commercial vehicles registered to the catering business shall obtain a
commercial vehicle parking permit in accordance with section 34—391 of this chapter.
Nothing contained herein shall prohibit temporary mobile food facilities in accordance with chapter 4,
article ll,section 445.
(16)Cemetery,mausoleums,crematories.Special exception use approval is required,subject to the
following:
a.The dead shall not be buried or placed closer than 50 feet to any right-of-way or property line.
(Supp.No.18)
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b.Site area.A cemetery shall be located on a site with a minimum contiguous area of five acres,and
shall comply with the requirements of F.S.§497.274.
(17)Community residential home,up to six residents.Are permitted in a single dwelling unit provided:
a.
b.
That the total number of resident clients on the premises shall not exceed six.
That the operation ofthe facility shall be licensed,as provided in F.S.ch.419,and that such
sponsoring agency promptly notify the administrative OfflCialof said licensure no later than the
time of home occupancy.
That the community residential facility shall be located at least 1,000 feet from another existing,
unabandoned legally established community residential faCIlitywith six or less residentsThe
1,0007foot distance requirement shall be measured by following a straight line from the nearest
portion of the structure of the proposed use to the nearest portion of the structure of the
existing use.
A request is submitted to the city on an approved form accompanied by the required fee
verifying distance requirement as outlined in this section has been complied with
(18)[Convenience stares]Convenience stores are permitted provided:
a.Every convenience business shall be equipped with the following security devices and standards:
1.A security camera system capable of recording and retrieving an image to assist in offender
identification and apprehension.
2.A drop safe or cash management device for restricted access to cash receipts.
3.A lighted parking lot illuminated at an intensity of at least two footrcandles per square foot
at 18 inches above the surface.
4.A conspicuous notice at the entrance which states that the cash register contains $50.00 or
less,
5.Window signage that allows a clear and unobstructed view from outside the building and in
a normal line of sight of the cash register and sales transaction area.
6.Height markers at the entrance of the convenience business which display height
measures.
7.A cash management policy to limit the cash on hand at all times after 11:00 pm.
A convenience business shall not have window tinting that reduces exterior or interior view in a
normal line of sight.
Every convenience business shall be equipped with a silent alarm to law enforcement or a private
security agency,unless application for an exemption is made to and granted by the attorney
general.An application for exemption must be in writing and must be accompanied by an
administrative fee of $25.00 for each store for which an exemption would apply.
Ifa murder,robbery,sexual battery,aggravated assault,aggravated battery,or kidnapping or
false imprisonment,as those crimes are identified and defined by Florida Statutes,occurs or has
occurred at a convenience business since July 1,1989,and arises out of the operation of the
convenience business,that convenience busmess shall implement at least one ofthe following
security measures:
1.Provide at least two employees on the premises at all times after 11:00 pm.and before
5:00 am;
(Supp.No.18)
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(18.5)
2.Install for use by employees at all times after 11:00 pm.and before 5:00 am.a secured
safety enclosure of transparent polycarbonate or other material that meets at least one of
the following minimum standards:
(A)American Society for Testing and Materials Standard 03935 (classification
PC110 B 3 0800700)and that has a thickness of at least 0.375 inches and has an
impact strength of at least ZOO-footpounds;or
(B)Underwriters Laboratory Standard UL 752 for medium power small arms (level
one),Bullet Resisting Equipment;
3.Provide a security guard on the premises at all times after 11:00 pm.and before 5:00 am,-
4.Lock the business premises throughout the hours of 11:00 pm.to 5:00 a.m.,and only
transact business through an indirect pass»through trough,trapdoor,or window;or
5.Close the business at all times after 11:00 pm.and before 5:00 am.
For purposes of this section,any convenience business that by law implemented any of the
security measures set forth in paragraphs d.1.—5.and has maintained said measures as required
by the Department of Legal Affairs without any occurrence or incidence of the crimes identified
by subsection d for a period of no less than 24 months immediately preceding the filing of a
notice of exemption,may file with the department a notice of exemption from these enhanced
security measures.In no event shall this exemption be interpreted to preclude full compliance
with the security measures set forth in subsection cl.should any occurrence or incidence of the
crimes identified by subsection d.cause subsection d.to be statutorily applicable.
Community residential home,more than six residents.Are permitted only after obtaining a
special exception use approval and provided:
a.That the operation of the facility shall be licensed as provided in F.S.ch.419,and that such
sponsoring agency promptly notify the administrative official prior to the time of occupancy.
That the community residential facility shall be located at least 1,200 feet from another existing,
unabandoned legally established community residential facility in a multifamily zone district;and
shall be located at least 500 feet of an area zoned R-1,single-family residential.The distance
requirement shall be measured by following a straight line from the nearest portion of the
structure of the proposed use to the nearest portion of the structure of the existing use or
nearest portion of the R-l district.
A request is submitted to the city on an approved form accompanied by the required fee
verifying distance requirement as outlined in this section has been complied with.
(19)Drug,pharmacy store.Minimum size.A minimum of 10,000 square feet of gross floor area shall be
required in order to operate a drug or pharmacy store.
(20)Educational and child care facilities,nonpublic.
3,Applicability and definitions.This subsection shall be applicable to all private and nonpublic
educational and child care facilities as defined in appendix Ain section 347733.
Religious activities.This subsection shall not be applicable to facilities used principally for
weekend or intermittent nonacademic religious instruction,or for the care of children whose
parents or guardians are attending religious services or meetings on the premises.
Zoning district requirements.
1.Alleducational and child care facilities shall meet the requirements included herein,and
the requirements ofthe particular zoning district in which they are located ifthat district is
(Supp.No.18)
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d.
one in which the facility is a permitted use;facilities in other districts requiring a special
exception use approval shall meet R-1 requirements,
2.Notwithstanding any other provisions of this chapter,office developments in the OF district
and PCB that contain a platted lot of not less than five acres net approved under one site
plan and under one ownership with a recorded unity of title agreement,and that include
day nursery,kindergarten or after school care space,shall be eligible for a floor area bonus
of three square feet for each one square foot of floor area dedicated to child care use,
subject to the following requirements and entitlements:
(i)
(ii)
(iii)
Physical standards for the licensed child care facility shall be as provided in this
subsection and elsewhere in this chapter.
The outdoor area provided in connection with any licensed child care facility
qualifying under this subsection shall be included in the calculation of open
space required to be provided in the zoning district in which the facility is
located.As a condition of qualifying for inclusion in the calculation of total
required open space,the outdoor area shall be shown in the plot use or site
plan required in this section.The required plot use or site plan shall establish:
(A)Direct proximity or protected access between the child care facility and
the open area;
(B)Adequate provisions for safety in the outdoor area;and
(C)Reasonable provisions for integrating use and enjoyment of the outdoor
area both for child care and for other uses at the site.
For each one square foot of floor area dedicated to child care use under this
subsection,an additional three square feet of floor area for uses other than the
child care use at the site shall be allowed in calculating the maximum floor area
ratio permitted in the zoning district in which the child care faCIlityis provided
As a condition of approving the plot use or site plan,the administrative official
shall require a recorded covenant establishing:
A.The calculations and conditions upon which the additional square footage
has been permitted;and
B.Restricting the area designated for child care to child care use only.
Required information.
1.Allnonpublic educational facilities and child care facilities shall submit the following
applicable information in writing to the planning and zoning department for review and
approval prior to issuance of certificate of use,or building permit:
in
(ii)
(iii)
(N)
M
(vii
(vii)
Total size ofthe site;
Maximum number of students to be served;
Number ofteachers and administrative and clerical personnel;
Number of classrooms and total square footage of classroom space;
Total square footage of nonrclassroom space;
Amount of exterior recreational/play area in square footage;
Number and type of vehicles that will be used in conjunction with the operation
ofthe facility;
(Supp.No.18)
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e.
(viii)Number of parking spaces provided for staff,visitors,and transportation
vehicles,and justification that those spaces are sufficient for this facility;
(ix)Grades or age groups that will be served:
(x)Days and hours ofoperations;
(Xi)Means ofcompliance with requirements by the county fire department,county
department of public health,the department of children and family services,
and any federal guidelines applicable to the specific application.
Allnonpublic educational facilities and child care facilities requesting approval for fewer
than 50 students shall submit the following applicable information in graphic form to the
planning and zoning department for review and approval prior to issuance of certificate of
use or building permit:
(i)A detailed plot use plan shall be submitted to the department of planning and
zoning,and the same shall be drawn to scale and include dimensions to
indicate lot size,street rights-of—wayand pavement measured from center line,
size of building or buildings,interior floor layout and interior uses,location and
size of recreation and/or play areas,location of fences and/orwalls that shall
enclose recreation and/or play areas;said plans shall include,but not be limited
to,off-street parking areas and driveways,walls,fences,signs and landscaping,
Landscaping and trees shall be provided in accordance with article XIVof this
article.The plot use plan shall include a title block giving the name ofthe
project,the title of the person preparingthe plan,the date of preparation of
the plan and scale of drawings.
(ii)Other data shall be furnished as requested by the administrative official where
such data may be needed in order to determine that standards as specified in
this subsection have been met.
Allnonpublic educational facilities and child care faCIlitiesrequesting approval for 50 or
more students shall submit the following applicable information in graphic form to the
planning and zoning department for review and approval prior to issuance of a certificate
of use or building permit.The following graphic information shall be prepared by design
professionals,such as registered state architects and landscape architects.
(i)A plan indicating existing zoning on the site and adjacent areas.
(ii)A site plan indicating the following:
A.Location of all structures;
B.Parking layout and drives;
C.Walkways;
D.Location of recreation areas and play equipment which shall include
surrounding fences and/or walls;
E.Any other features which can appropriately be shown in plan form.
(iii)Floor plans and elevations ofall proposed structures.
(iv)Landscape development plan listing quantities,size,and names of all plants in
accordance with this chapter.
Calculation ofphysical space requirements formultiple-use facilities.
(Supp.No.18)
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Where a nonpublic educational facility or child care facility is to be operated in a structure
simultaneously used as a residence,place of religious assembly or other facility,the area
which will be specifically used for a private school or child care facility during the hours of
operation shall be clearly defined.The area so delineated shall be used as the basis for
determining physical space requirements as provided in this article.No physical space
credit will be given for interior or exterior areas that are not restricted to the school or
child care use during the hours of operation of said facility.
f.Combination ofresidential and nonpublic educationalfacilitiesand child care facility.
1.No combination of residential use and nonpublic educational facility and child care facility
will be permitted on the same property except as follows:
(i)A singlerfamily residential use is permitted in the same building with a nursery,
after school care or kindergarten use,where the same is used only by the
nurseryvkindergarten operator.
(ii)In connection with day nursery,after school care and kindergarten facilities,a
residential unit for a caretaker is permitted only when the facility operator does
not reside on said premises,
(iii)A residential unit is permitted for a caretaker on the site of an elementary,
junior and/or senior high school.
(iv)An existing multifamily apartment building or complex may incorporate a
educational and child care facility for the accommodation of residents only;
provided,that such facility will not be contrary to any site plans previously
approved at a public hearing.
g.Physical standards.
1.Recreation/play areas.Recreation/play areas shall be in accordance with the following
minimum standards,calculated in terms of the proposed maximum number of children for
attendance at the school at any one time unless otherwise indicated.Recreation/play areas
may be provided within an enclosed air conditioned area or outdoors or a combination of
both.
Table 2:Minimum Standards for Recreation Playground/Play Areas
School categories Required area
Day care/kindergarten and
preschool,after—schoolcar
family day care home
Forty—fivesquare feet per child calculated in terms of half of
e,the proposed maximum number of children for attendance
at the school at one time
Elementary school (grades
1—6)
Five hundred square feet per student for the first 30
students;thereafter,300 square feet per student
(grades 7—12)
Junior and senior high school Eight hundred square feet per student for the first 30
students;300 square feet per student for the next 300
students;thereafter,150 square feet per student
lil Where there are category combinations,each classification shall be calculated
individually.
(Supp.No.18)
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(ii)Location requirement for outdoor recreation playground/play areas for child
care facilities.Where the front or side street property line ofa child care facility
abuts a section line or half section line right—of—wayno outdoor recreation
playground/play area shall be located between the right-of—way and the
building line parallel to the right—of-way.Within two years after the
administrative official mails notice of the requirement ofthis article all existing
child care facilities shall either comply with the foregoing requirement or install
a safety barrier from vehicular traffic designed by a professional engineer and
approved by the public works department.For any existing child care facility
which is required to either relocate its outdoor recreation playground/play area
or provide a safety barrier,any resulting reduction in outdoor recreation
playground/play area shall be deemed in compliance with the minimum
playground/play area requirements.Any such reduction shall also be deemed
to be in substantial compliance with any site plan previously approved at public
hearing.In event that such a child care facility whose site plan was approved at
public hearing seeks to relocate its playground/play area,such relocation shall
be subject to approval after public hearing upon appropriate application.No
fee shall be charged for such application.This shall not be deemed to allow the
future expansion of any child care facility to occur without complying with the
requirements ofthis subsection,Notwithstanding anything in this chapter to
the contrary,the provisions of this subsection shall apply to the county and city
child care facilities.
Auto stacking.Stacking space,defined as that space in which pickup and delivery of
children can take place,shall be provided a minimum of one space for schools with less
than 20 children;two spaces for schools with 20 to 40 children;schools with 40 to 60
[children]shall provide four spaces;thereafter there shall be provided a space sufficient to
stack five automobiles.
Classroom size.All spaces shall be calculated on the effective net area usable for instruction
or general care of the group to be housed.This space shall not include kitchen areas,
bathrooms,hallways,teachers'conference rooms,storage areas,or any other interior
space that is not used for instruction,play or other similar activities.The minimum
classroom space shall be determined by multiplying the maximum proposed number of
pupils for attendance at any one time by the minimum square footages,subsections
(18)g.3(i)through (iv).Where a private educational facility is non-graded,calculations shall
be based on the age level that corresponds to the grade level in the public school system.
Where a school includes more than one of the following categories,each category shall be
individually computed:
(i)Day nursery and kindergarten,preschool and afterschool care,35 square feet
per pupil.
(ii)Elementary (grades 1*6),30 square feet per pupil.
(iii)Junior high and senior high (grades 7*12),25 square feet per pupil.
(iv)Babysitting service,22 square feet of room area per child.
Height.The structure height shall not exceed the height permitted for that site by the
applicable zoning district.
Exemptions.Babysitting services are exempted from the requirements of this section.Child
care facilities as described in this subsection shall be prohibited from operating on property
abutting or containing a water body such as a pond,lake,canal or,irrigation well unless a
(Supp.No.18)
Created:291549-91 15.32-37 [ESV]
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safety barrier is provided which totally encloses or affords complete separation from such
water hazards.Swimming pools and permanent wading pools in excess of 18 inches in
depth shall be totally enclosed and separated from the balance ofthe property so as to
prevent unrestricted admittance.Allsuch barriers shall be a minimum of 48 inches in
height and shall comply with the following standards:
0)
(ii)
Gates shall be of the spring back type so that they shall automatically be in a
closed and fastened position at all times.Gates shall also be equipped with a
safe lock and shall be locked when the area is without adult supervision,
Allsafety barriers shall be constructed in accordance with the standards
established in section 34446,except that screen enclosures shall not constitute
a safety barrier for these purposes.
6.Review standards.The following review standards shall be utilized by the department,and,
where a hearing is required,by the public hearing body.
ii)
(iii)
(M
(vii
(vii)
(viii)
liX)
Study guide.The study entitled "Physical Standards for Proposed Private
Educational Facilities in Unincorporated Miami-Dade County,"date 1977,shall
be used as a general guide in the review of proposed nonpublic educational
facilities;provided,however,that in no case shall the educational philosophy of
a school be considered in the evaluation of the application.
Planning and neighborhood studies.Planning and neighborhood studies
accepted or approved by the city council that include recommendations
relevant to the facility site shall be used in the review process.
Scale.Scale of proposed nonpublic educational facilities shall be compatible
with surrounding proposed or existing uses and shall be made compatible by
the use of buffering elements,
Compatibility.The design ofthe nonpublic educational facilities shall be
compatible with the design,kind and intensity ofuses and scale ofthe
surrounding area.
Buffers.Buffering elements shall be utilized for visual screening and substantial
reduction of noise levels at all property lines where necessary.
Landscape.Landscape shall be preserved in its natural state insofar as is
practicable by minimizing the removal oftrees or the alteration of favorable
characteristics of the site.Landscaping and trees shall be provided in
accordance with article XIVof this chapter.
Circulation.Pedestrian and auto circulation shall be separated insofar as is
practicable,and all circulation systems shall adequately serve the needs of the
facility and be compatible and functional with circulation systems outside the
facility.
Noise.Where noise from such sources as automobile traffic is a problem,
effective measures shall be provided to reduce such noise to acceptable levels.
Service areas.Wherever serVIce areas are provided they shall be screened and
so located as not to interfere Withthe livability of the adjacent residential
properties.
Parking areas.Parking areas shall be screened and so located as not to
interfere with the livability of the adjacent residential properties.
(Supp.No.18)
Created:PGZSlevBI 15.3237 [esr]
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(xi)
(xii)
(xiii)
Operating time.The operational hours ofa nonpublic educational faCIlity shall
be such that the impact upon the immediate residential neighborhood is
minimized.
Industrial and commercial.Where schools are permitted in industrial or
commercial areas it shall be clearly demonstrated in graphic form how the
impact of the commercial or industrial area has been minimized through design
techniques.
Fences and walls,Recreation and/or play areas shall be enclosed with fences
and/orwalls.
7.Certi?cateofuse and occupancy.The certificate of use and occupancy shall be
automatically renewable annually by the planning and zoning department upon compliance
with all terms and conditions,including maintenance of the facility in accordance with the
approved plan.
8.Grandfatherclause.
(ii
(iii)
(M
It is not the intention to require any changes in any nonpublic educational
facilities already in existence at the time of the adoption of this subsection,so
long as said uses have been legally established in accordance with existing
regulations.
Any nonpublic educational facilities which have heretofore been approved
through a public hearing.and are subjectto plot use (or site)plan approval,but
on which construction has not been commenced,shall have six months from
the date of this article to commence construction;otherwise,compliance with
this article shall be required.
With the exceptions noted above,all nonpublic educational facilities shall
comply with the requirements of this article upon the effective date thereof
Any proposed minor changes to existing schools that were approved prior to
the adoption of this article may be approved by the administrative official.
provided that such modifications do not violate the resolution approved as part
ofthe plan.Such minor changes shall include,but not be limited to,
enlargement of the play area.additions,such as storage areas,additional
restrooms,and expansion of kitchen facilities.
h.Accessory uses in houses ofworship and schools,public and private.
1.Additional application requirements.
(i)A written statement that the proposed child day care center will comply with all
applicable county and state regulations.
(ii)A written statement that the proposed child day care center will be operated
and maintained solely by the church or in conjunction with a registered not—for-
profit public agency or organization.
2.Additional standards.
(i)Child day care centers in houses of worship and schools located in residential
districts.Applications to establish child day care centers in houses of worship
and schools located in residential districts shall comply with the requirements
of Laws of Fla.ch.59 (1968),as amended.
Created:2925-1878!15:32.37 [Esr]
(Supp.No.18)
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3.Minimum site dimensions.
(i)Minimum site area:10,000 square feet.
(ii)Minimum lot width:100 feet.
4.Minimum distances.
(i)Allprincipal structures:30 feet from any residential property line if located in a
residential zoning district or 30 feet from a zoning district.
(ii)Allparking,loading,and vehicular circulation areas:30 feet from any residential
zoning district or 30 feetfrom a residential property line if located in a
residential zoning district.
(iii)Alloutdoor play areas:ten feet from any residential zoning district or ten feet
from a residential property line iflocated in a residential zoning district.
5.Frontsetback.Available play or activity areas shall not be located within the front setback.
6.Loading and un/oodingfacilities,Loading and unloading facilities for children such as
circular driveways or similar circulation systems that allow for the stacking of three
standard size cars without interfering with the traffic flow of the servicing right-of~way or
the ingress and egress of the parking area.
7.Outdoor/indoorp/ay and activity areas.Outdoor play and activity areas shall comply with
this section.
(21)Educational facilities,college or university,private.In addition to requiring a special exception use
approval the following standards shall be complied with:
a.Main campus requirements.Private colleges and universities with sites of 30 acres or less shall
meet the minimum standards established herein for high school facilities.Above 30 acres,in
addition to said minimum standards,said facilities shall be subjectto intensive review by the
planning and zoning department and the city council utilizing the study entitled "Physical
Standards for Proposed Private Educational Facilities in Unincorporated Miami-Dade County,"
adopted pursuant to Resolution No.R-633—77.
Exception for satellite classroom facilities.The requirements set forth in subsection (19ia of this
section shall not apply to satellite facilities either owned or leased by private colleges or
universities located in either a shopping center or industrial park in 3 NC,PCD,OF,|»1.or l—2
district,where the shopping center or industrial park is not less than 25 acres under one
ownership of title,unity of title,or a declaration in lieu of unity of title,with an approved plan
showing at least 200,000 square feet of building area with facilities for parking for not less than
300 vehicles.A satellite classroom facility is a permitted use within such a shopping center or
industrial park,provided that it satisfies the following requirements:
1.The total cumulative square footage of all satellite classroom facilities located in a shopping
center or industrial park shall be less than 50 percent of the square footage of the shopping
center or industrial park.
2.The satellite classroom facility shall be located at least five miles away from the main
campus of the private college or university,measured by following a straight line from the
front door ofthe proposed satellite classroom facility to the nearest point of the main
campus grounds.
(Supp.No.18)
(i'eated'PBESrla?l 25 32-37 [Esr]
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3.The total cumulative square footage of the satellite classroom facilities located in a
shopping center shall not exceed ten percent of the total cumulative classroom square
footage located at the main campus ofthe private college or university.
4.Allsatellite classroom facilities must comply with the parking requirements set forth in
section 34375.
5.Applicants for satellite classroom facilities shall submit to the planning and zoning
department an affidavit setting forth the total cumulative classroom square footage
located at the main campus of the private college or university.
6.A school bookstore selling both new and used books shall be permitted to operate as an
ancillary use in connection with satellite classroom facilities provided that the square
footage of such bookstore does not exceed ten percent of the total cumulative classroom
square footage located at the shopping center or industrial park.The square footage of
such a bookstore shall be included in the total cumulative classroom square footage at the
shopping center for the purposes of this subsection.
(22)Family day care home,fivechildren or less.
a.Additional application requirements.A notarized statement that the proposed family day Care
home will comply with all applicable county and state regulations shall be required.
Additional standards.Applications to establish a family day care home shall comply with the
requirements of F.S.402.313,
Family day care homes shall only be permitted in a private residence where the homeowner or
occupant resides permanently on-site.
(23)Donated goods center,new/used.Donated goods centers for the acceptance only of new or used
merchandise,upon compliance with the following conditions:
3.The portion of the donated goods center which is open to the public shall not exceed 2,000
square feet;
A solid wall shall separate the public area of the donated goods center from the balance of the
said center and shall prevent public access to the balance of said center;
The donated goods center must be operated by an organization which has been incorporated as
a not-for-profit organization under the laws of the state for a charitable purpose and which has
been declared exempt from the payment of federal income taxes by the United States Internal
Revenue Service;
The donated goods must be accepted by personnel directly employed by or volunteers for the
not-for-profit organization;
The monetary proceeds resulting from the sale of donations collected at a donated goods center
must be used in accordance with the organization‘s charitable purpose pursuant to the county
Code,subsection 33-238l14)(c),to benefit persons within the boundaries of the county or
oLItside of the county to provide emergency relieffor victims of natural,manmade or economic
disasters;
The operation of the donated goods center,the collection and use of donations and proceeds
thereof must be conducted by said not-for-profit organization and not by a licensee,
subcontractor or agent of the not‘for—profit organization;
A declaration of use in a form meeting with the approval ofthe administrative official shall be
submitted to the department prior to the issuance of a certificate of use and occupancy
(Supp.No.18)
Created:zazs-ierm 15:3237 [E57]
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specifying compliance with the foregoing conditions.Said declaration of use shall include a floor
plan for the intended use as required by the department;
Permanent or temporary donation bins on same property and serving the same organization shall
be allowed subject to standards set forth as an accessory use in section 34-312.Said bins shall be
manned at all times donations are accepted.
(24)Flea market.In addition to requiring a special exception use approval the following standards shall also
be complied with:
a.
b.
Minimum lot area:One acre;
Minimum lot width:200 feet;
The site shall be at least 1,000 feet from any residential zoning district;
Distances:All principal and accessory structures shall be located at least 100 feet from any
property line;
Adequate traffic facilities,such as intersection improvements,turn lanes,internal circulation
lanes,acceleration lanes,signalization,etc.,shall be provided to minimize the impact of the
facility on adjacent public thoroughfares;
The site shall be landscaped pursuant to article XlVof this chapter.A landscape buffer at least 15
feet wide shall be provided along all property lines,with shade or flowering trees planted every
30 linear feet on center.Hedge shrubs planted within the buffer area shall have a minimum
height of three feet immediately after planting;
Exterior pay phones shall not be allowed;
"No loitering"signs shall be conspicuously located on the outside walls ofthe structure and be
visible from the view of the public right—of-way;
Ingress and egress shall be provided only from a major or minor arterial,a collector or local street
segment which does not pass through a residential area;
Signage shall conform to article XVIIof this chapter;
Shared parking requirements shall not be applied when calculating parking requirements for this
use;
Use of raised,landscaped islands shall be installed at the end of each row of parked automobiles
as a means of ensuring that the necessary Sight distances will be available to drivers;
Alluses shall be within an enclosed building.There shall be no temporary or permanent outside
booths,tables,platforms,racks or similar display areas.
(25)Financialinstitution~Banl<s credit unions,investment brokerage establishments,ATM.Freestanding or
drive thru ATMs islands,and drive thru banking operations shall be permitted subject to compliance
with accessory structure setback requirements of the underlying district and site approval by the
zoning administrator in conjunction with engineering/public works department.A separate certificate
of use (CU)and business tax receipt (BTR)shall be required for ATM machines not associated with a
physical banking institution on the same premises.
(26)Sport shooting range In addition to requiring a special exception use approval the following standards
shall also be complied with:
a.The facility shall be designed to meet and comply with applicable federal and state laws,county,
and local ordinances and guidelines.
(Supp.No.18]
Created.7ezsrie-ei 15:3:37 [EST]
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Shall be located within an enclosed building completely air conditioned,which shall be
constructed and operated in such a manner that floors,walls,backstops,and ceilings must be
able to contain the sound in addition to the bullet fired and be made of acceptable engineering
standards.
Facilities shall be spaced 3 minimum distance of 1,000 feet from any residential zoning district or
residential use,as measured from the property line of the range to the residential zoning district
boundary line,without regard to intervening structures or objects.
(27)Hospital,private/public.In addition to requiring a special exception use approval the following
standards shall also be complied with:
a.Minimum lot area.The minimum lot area shall be five acres or the minimum requirement ofthe
district,whichever is greater.
Frontage.The minimum frontage for the lot shall be 300 feet or the requirement of the district,
whichever is greater.
Density.The number of patient rooms for the hospital or medical center shall not exceed one
patient room for each 1,000 square feet of lot area (43.56 patient rooms per acre).
No housekeeping.Rooms or suites of rooms shall not be designed,altered or maintained for
housekeeping or family living purposes.
Food preparation.The preparation of food shall be accomplished at a central kitchen facility
under the auspices of a trained nutritionist.Meals may be served to persons in their rooms.
Heliport or helipad,Accessory heliport or helipad is permitted provided the use is explicitly
requested during the approval process,or approved separately by DRC review.
incinerators.Bio-hazardous waste incinerators with an allowable operating capacity equal to or
less than 1,000 pounds per hour are permitted as an accessory to a hospital use with the
following supplementary use standards:
1.Setbacks.An incinerator use shall be set back a minimum of 500 feet from any residentially
zoned or used lot.Incinerators approved prior to the effective date of this subsection shall
not be considered nonconforming uses.Expansion ofexisting facilities may be allowed with
reduced setbacks provided the expansion is reviewed and approved by the DRC.
(28)Hospital,psychiatric,Private or public institutions or hospitals,for the care and treatment of persons
who are mentally ill,must be placed at least 300 feet from any adjoining property line and not closer
than 100 feet from any official righteof-way line.
(29)Industrial use,heavy.Uses permitted under this category are required to minimize their emission of
smoke,dust,fumes,glare,noise and vibration and shall be subjectto the following standards:
a.All permitted activities,other than parking,loading and storage,shall be conducted within a
completely enclosed building.
Outdoor storage shall only be permitted as an accessory use,subject to provisions of section 347
310 of this chapter.
(30)Industrial use,light.Uses permitted under this category are subject to the followmg standards:
a.Light industrial uses shall be limited to light manufacturing operations for the distribution of
products at wholesale.The determination of compatibility is based upon an absence of negative
externalities (noise,glare,smoke,odor,vibration,etc.)detectable by humans at the edge of the
lot containing the light industrial use.
(Supp.No.18)
(rt-nod.ZBZSJBVM 16 32,37 [:st]
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b.
C.
a.
All permitted activities,other than parking,loading and storage,shall be conducted within a
completely enclosed building.
Outdoor storage shall only be permitted as an accessory use,subject to provisions of
(3 1)Mobile home.
Purpose ondintent.It is the purpose and intent ofthis subsection to provide regulations to
control the use of mobile homes and to establish standards for mobile home parks which will
promote the placement of parks in appropriate locations where there existor would be provided
the basic amenities and services akin to those in low-and medium-density areas,and to provide
for the grouping of these mobile home units to make an efficient aesthetically pleasing use of
land within the mobile home community so that a high-quality residential area will be created
and maintained for the benefit of the mobile home community and adjacent properties and the
public as a whole.
Limitation ofuse ofmobi/ehomes outside ofmobilehome parks.It shall be unlawful to place,
store,or use mobile homes outside of approved mobile home parks,except as follows:
1.Temporary occupancy during construction of a residence.A mobile home may be occupied
as a residence for one family only on a residential building site while a permanent single-
family detached residence is being constructed thereon under the following conditions:
(i)
(ii)
(iii)
(iV)
(VI)
(vii)
(viii)
That a building permit has been obtained for a permanent residential building
on the site on which the mobile home isto be placed.
That the mobile home shall not be placed on such site until authorized sanitary
waste facilities have been installed thereon.
A letter shall be submitted by the holder of the building permit explaining in
detail the means of financing the construction,which will assure expeditious
completion,such letter to also give assurance that the trailer Willbe maintained
and occupied on the subject premises only so long as the original building
permit is in full force and effect,which shall be an additional condition of the
bond hereafter mentioned.
That the applicant give the city a cash or surety bond in the amount of
$1,000.00 guaranteeing:
A,That the mobile home shall remain on the building site only so long as the
building permit is in full force and effect,and subject to the condition
that no extension of time on the building permit and no completion
permit for the resident shall extend the time for maintenance of the
mobile home on the property unless substantial progress has been made
on the construction of a permanent residential building as eVIdenced by
progressive required inspections having been completed within the time
limit permitted.
That the mobile home will be removed from the premises upon the completion
of the residential structure or when any provisions hereof have been violated.
The wheels shall not be removed from the mobile home.
The mobile home shall comply with chapter 19A of the county Code.
The bond will be released by the administrative official when the mobile home
is timely removed from the premises.
(Supp.No.18)
Created:292548-81 15:33.37 [Est]
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2.Wutchman's quarters.A mobile home may be used as a watchman‘s quarters in the AU
district ifapproved as a special exception use.
3.Temporary sales o?‘ice,A mobile home may be used as temporary sales office subject as
set forth in section 34116.
Mobile home park,speaal exception use approval and permit required to establish.It shall be
unlawful for any person to own,operate,maintain or permit to be operated or maintained,or to
construct,increase by number of spaces or otherwise extend any mobile home park unless such
person shall first obtain a permit as a result of approval of the use and of the site plan of such
park after public hearing.Such park shallcomply with the approved plan and the provisions of
this chapter and all other applicable state and county regulations and laws in its development
and maintenance.The provisions ofthis subsection shall not apply to legal,existing mobile home
parks nor to parks approved prior to the effective date of this provision,but on which
development has not commenced except as provided in section 3462.Anything to the contrary
notwithstanding,mobile homes,their porches,and other additions to mobile homes in mobile
home parks in existence prior to June 25,1971,or which have been established subsequentto
said date pursuant to a vested rights determination,are permitted providing they conform to the
requirements of the original approval.
Site p/an details,time limit for commencement,plotting.
1.The site to be submitted for approval at public hearing shall be complete and properly
identified and drawn to scale clearly showing compliance with the standards hereinafter
mentioned,including,but not limited to,the area and boundary dimensions ofthe mobile
home park,layout and sizes of mobile home spaces (typical arrangement on larger scale of
mobile home,its appurtenances,attachments and space),location of commercial and
service buildings and uses,location of signs,parking spaces,streets,both private and
public,walkways,open space areas of all kinds,walls,fences,garbage collection points,if
any,and community storage buildings,if any,and all other buildings and structures,areas
to be reserved for travel trailers,if any,entrance features and signs thereon,and including
general landscaping plan showing grassed areas,and location,size and type ofhedges,
shrubs,trees,and other landscaping.The plan shall also include a legend listing the overall
acreage,gross and net density,percentage and area of open spaces by types,number of
spaces,coverage by permanent park buildings,parking spaces required and provided,and
estimated total population.Mobile home parks,as evidenced by the site plan submitted,
shall be arranged in an aesthetic residential manner,to be achieved by variation in street
patterns,with the clustering of spaces,cul—de-sacsand curvilinear streets as suggested
features,and including variation in block shapes and in the arrangement of the mobile
home spaces and mobile homes thereon.
2.The approval ofthe mobile home park use and the site plan,as detailed above,shall expire
Within 18 months from the date of final resolution of approval unless development is
commenced within that period;provided,ifthe commencement ofdevelopment is not
feasible in view of litigation involving the validity ofthe resolution ofapproval,the said 18-
month period shall not begin to run until final decision of the court.This time limitation for
commencement of development shall also apply to those previously approved mobile
home parks,and such time limitation for those previously approved shall commence
running from the effective date ofthis provision.For the purpose of this commencement of
development shall mean site improvement,if such improvement and installation of
facilities is progressively continued and completed within a reasonable time under the
circumstances.lfdevelopment is terminated for a period of six months the special
(Supp.No.18)
Created::azs-xe-ei 16 32.17 [tsr]
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exception and any permits issued for improvements shall be abandoned and become null
and void.
3.The site involved with the development ofthe mobile home park shall be platted,such plat
to include only exterior boundaries of park and all public dedications and easements.
Minimum size for mobile home park.No mobile home park site shall contain less than 30 acres,
including rightseof-way,nor have a frontage of less than 660 feet on dedicated righteof—way
except that these minimum requirements shall not apply to the expansion of an existing park into
adjacent and contiguous lands.
Minimum size for mobile home space and limitation afoccupancy.The minimum size of 80
percent of the mobile home spaces in any park shall be 45 feet in width and 90 feet in length,
with variations of these dimensions being permitted if approved after special exception hearing
based on site plan submitted,provided that such variations shall not reduce the area of the space
below 4,050 square feet;and ten percent of the total number of spaces to be provided may not
be less than 3,200 square feet and the remaining ten percent may not be less than 3,600 square
feet.Only one mobile home,occupied by only one family,shallbe placed on any one space.
Minimum area for common open space.A minimum of 500 net square feet shall be devoted to
common open space for each mobile home space in the mobile home park.Such open space
shall be comprised of playgrounds,recreation areas,landscaped parks or greenways as included
in the site plan approval,but shall not include the required landscaped perimeter buffer areas,
parking courts,streets,utility,service or commercial areas,or lake,lagoon and canal areas.Such
common open space is to be so located that the different areas of the mobile home community
will be logically and conveniently served and benefitted by such open space.The provisions of
subsection (31)f of this section shall be adjusted,ifdesired by the applicant,in order to obtain up
to 7.5 mobile home spaces per gross acre.
Minimum yard areas (setbacks)for mobile homes on mobile home space.
1.A setback for mobile homes of at least five feet from both sides of the mobile home space,
at least seven and oneehalf feetfrom the rear line ofthe space,and at least 12%feet
(excluding hitch)from the front line of the space (adjacent to the access road)shall be
provided;provided that any porch or other addition to the mobile home will be regarded
as a part ofthe mobile home for the purpose of setbacks and spacing,and further provided
that no mobile home or additions thereto shall be located closer than 15 feet to any other
mobile home or any of its habitable additions,and ten feet from any other structure or
addition.
2.Mobile homes,their porches and other additions to mobile homes existing prior to June 25,
1971,or which have been established subsequent to said date pursuant to subsection (31)c
ofthis section shall comply with the following requirements:
(i)No porch,other addition,or awning shall be constructed within ten feet of
another mobile home,addition,porch,awning,or other structure or building.
(ii)No part of a mobile home,including,but not limited to,its porch,wall,or
awning column shall be closer than five feet to the limits ofa mobile home site.
(iii)In no event shall the wall or supporting columns of any additions extend more
than ten feet from the limits ofthe mobile home to which it pertains.
(iv)No eave,or overhang,or roof ofa mobile home addition shall extend beyond
the wall or column more than one foot.
(Supp.No.18)
(mated:1432549761 15:32.3
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(v)No porch shall exceed eight feet in height at the eave except thatthis height
limitation shall not prevent the use of a portable canvas shelter over the roof of
the mobile home.
(vi)Only one porch shall be permitted to a mobile homes
(vii)A building permit shall be obtained from the city before any construction is
begun on a porch addition.Accompanying the application for a building permit
shall be an accurate plot plan showing size of porch and distances to mobile
home site boundaries and to adjacent mobile homes,mobile home porch
additions,and other structures or buildings.
(viii)A variation to these setback prowsions may be permitted if approved after a
special exception hearing based on site plan submitted,these variations to
permit flexibility of design and layout that will still conform to the purpose and
intent of this article.
Minimum setbacks of mobile home spaces from property line ofpork,‘landscaping and
maintenance ofsetbacks.
1.A minimum 25-foot landscaped buffer area shall be provided and maintained along and
extending inward from the property lines of the park which are adjacent to other private
property;1772 feetalong preperty lines adjacent to rights—of—wayof less than 70 feet in
planned width;and 35 feet along property lines adjacent to rights‘of-way of 70 feet or
more in planned width.
The buffer area shall be completely landscaped with a balanced arrangement of ground
cover,shrubs,vines,hedges and trees or other landscape features such as walls,fences
and berms,or a combination of any ofthe above items in accordance with article XlVof
this chapter.
Those buffer areas adjacent to other private properties shall be designed to provide at
least 75 percent visual barrier,after two years growth along the entire such property line.
Buffer areas adjacent to public rights-of~way shall be designed to provide at least 50
percent visual barrier,after two years growth along the entire such property line.Plant
material and other such landscape features shall be arranged in such a way so as to
prevent vehicular access through,or parking in,such buffer areas.Additional requirements
shall be as provided in article.
Plant materials used shall conform in definition,quality,and size when planted,to the
provisions of article XIV of this chapter for each type of plant,except that trees shall be a
minimum of seven feet tall by three and one-half-foot spread when planted.This minimum
size tree shall be placed 75 feet on center.Additional smaller trees can be planted as part
of the required landscaping.
Plants shall be spaced to provide the required visual screen within a two»year growing
period.
Planting at street intersections of any vehicular or pedestrian exits shall be done in
accordance with the safety standards specified in article XIVof this chapter to prevent
visual obstructions along street rights-of-way.
All plant material shall be installed in accordance with good planting practices to ensure
the survival and healthy growth ofthe plants.The buffer area shall be maintained in
accordance with good landscape maintenance practices,including installation and use of
(Supp.No.18]
Created:zazsnaei {5:32.17 [EST]
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sprinklers,to Insure the good health and appearance of all planted material.Landscaping
and trees shall be provided in accordance with article XIVof this chapter.
Utilities and services.
1.All mobile homes shall be connected to public water and sewer lines (unless temporary
package sewage disposal plants and water treatment plants are approved by the pollution
control officer and public health department).All telephone and TV cables,if an y.and all
electrical cables and lines shall be installed underground.
2.Necessary access and turnarounds with a minimum turning radius of 66 feet for
firefighting,garbage and waste collection and other service vehicular equipment shall be
provided.Any private dead-end access way of more than 200 feet in length shall have a cul»
de—sac at the dead end with a minimum turn radius of66 feet.
3.Garbage and waste collection areas shall be screened by hedges or decorative walls and
shall be placed in locations as approved by the department of solid waste management for
the convenience of collection and for sanitation purposes Such requirements shall not
apply to garbage receptacles atindividual mobile home spaces.
4.Area lighting shall be designed to produce a minimum of oneetenth footcandle throughout
the street system and public use areas.Potentially hazardous locations such as,but not
limited to,major street intersections and steps or pedestrian ramps shall be individually
illuminated with a minimum ofthree-tenths footcandle with no greater footcandle
differential than five to one between adjacent areas.
Mobile home park ?refighting equipment.Firefighting equipment,in accordance with chapter 38
ofthe MiamieDade County Fire Prevention and Safety Code in number,type and location of such
equipment shall be provided and maintained by the park operator.
Off-streetparking.Common parking lots shall be screened by properly maintained hedges or
decorative walls of a minimum height of four feet except for necessary entrances and exits.
Streets and sidewalks;widths and speci?cations.
1.Private interior roads shall have a minimum right»of‘way width onS feet,with a minimum
width of 20 feet of pavement for two-way traffic and 20-foot minimum right-of-way width
with a minimum of 12 feet of pavement for one-way traffic,Roads shall be constructed to
conform to county specifications for residential streets.
2.Offestreet pedestrian and bike paths should be constructed to provide safe access to
recreational and other service areas when access to such areas can only be reached by way
ofcollector streets.These off-street pathways shall be paved with an all—weather hard-
surfaced material.
Marking ofmobi/ehome spaces and streets Each mobile home space shall be clearly marked
with permanent ground corner stakes or markers.Each space shall be numbered consecutively
and general park directional signs shall be placed in appropriate locations so all spaces can be
located expeditiously by visitors and public service personneli
Paved patios Patios,where provided.shall be of concrete and shall be at least 100 square feet in
area.
Pravisiansforstorage affurnitureand equipment.No outside storage shall be permitted.except
lawn furniture,and if storage is made buildings shall be provided therefore.lfa storage building
is placed on a mobile home space it shall be of metal construction,conforming to code
requirements,erected under permitand shall be placed no closer than 15 feetto any mobile
(Supp.Not 18)
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home or habitable addition thereto located on another space,and ten feet from any other
structure or addition,
Additions.Additions to mobile homes consisting of metal porch and patio covers,cabana rooms,
screen enclosures and storage rooms shall be permitted subjectto obtaining building permit and
subject to such installations conforming to the applicable provisions of the Florida Building Code.
Such structures shall be dismantable.
Skirting at base ofmobi/ehome unit,Skirting or other design attachments must be installed by
mobile home owner and must harmonize with the architectural style of the mobile home.
Decorative masonry and fencing may be permitted in lieu of skirting at the base of the unit.
Commercial and other service uses.No part of the park shall be used for commercial purposes
except such uses as are required for servicing the park residents,and such uses shall be located
at least 200 feet from any perimeter boundary line of the park.Such "servicing uses"may include
NC type business uses,launderettes,day nurseries,and mobile home model display areas for
sales or rental purposes,provided each displayed mobile home shall be on an approved
individual mobile home space,Such commercial and service uses shall be established only when
shown on the site plan which has been approved after public hearing.Such commercial and
service uses will not require a change of zoning district,and shall be so located that the residents
of the park are properly served.
Visibility clearance at intersections.The visibility at roadway intersections within the park or at
entrances or exits of the park shall not be obstructed by any growth or installation.Visibility
clearance shall comply with the standards of the public works department.
Placement and type ofstructure and buildings.No building or structure,except recreational
buildings and community storage buildings which are approved as to location in the approval of
the site plan,and except individually owned metal storage buildings,walls,fences,and entrance
features,shall be placed within 200 feetof the perimeter boundary of the mobile home park.
Mobile home park and mobile home construction standards.Allmobile homes installed after the
effective date of this article shall conform to the Standard for Mobile Homes,United States of
America Standards Institute,A119.1 (1969)for hurricane and Windstorm resistive mobile homes
in regard to materials,products,equipment,workmanship and design.In addition,the minimum
requirement as to mobile home and mobile home parks as required by other applicable codes
shall govern.A manufacturer's certificate shall be posted in the mobile home certifying that the
requirements of USASIA1191 (1969)have been complied with before such mobile home shall belocatedforoccupancyinthecity.
Responsibility for compliance.The owner and operator of a mobile home park shall be
responsible for compliance with all applicable conditions,provision,laws and regulations
affecting the mobile home park or any mobile homes or trailers parked there.The owner and
operator shall notify the tenant of a space of any violations created by such tenant.Ifthe tenant
fails to correct violations existing in connection with his mobile home or mobile home space,the
owner and operator shall notify the planning and zoning department of such violations and shall
initiate appropriate action to have the violations corrected.Compliance with this chapter is the
responsibility of the tenant,park operator and park owner.
Posting regulations in mobile home park.Owners and operators of mobile home parks shall
acquaint all tenants with the provisions of this subsection and all other applicable regulations by
posting suitable notice in prominent locations throughout the mobile home park concerned.
Maintenance provision.Mobile home parks shall be developed and maintained in accordance
with the approved plan and in accordance with applicable conditions and regulations and shall be
(Supp.No.18)
cruared-mes-19‘s)15.32.37 [Est]
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operated in such a manner as to not be detrimental to the adjacent properties and neighborhood
and this condition shall be made a condition of the approving resolution.
(32)Parking garages.
Shall maintain same setbacks as accessory structures.
Are exempt from a lot coverage percentage size limitation.
Shall be designed and constructed in compliance with the design standards set forth in section
34—416.
(33)Places afassemb/y.Places of assembly are subject to the following standards:
a.
b.
C.
Minimum lot area:Two acres.
Minimum spacing of principal building from residentially zoned property:50 feet;75 feet spacing
from a residential building.
Minimum building size of 15,000 square feet of gross floor area required.
(34)Farmer’s market.
a.Permit.A valid business tax receipt (BTR)and certificate of use (CU)shall be obtained from the
city in order to operate a farmer's market,
Location.Farmer's markets may only be permitted on properties developed with nonresidential
uses,wrth minimum site area of four acres or more;the administrative official shall have sole
discretion to disapprove a property for the establishment of a farmer's market if it is determined
that the impacts of the use would be detrimental to the surrounding properties and not
beneficial to the health and welfare of the city.
Hours.Farmer's markets shall only operate during the hours of 8:00 am.to 4:00 pm.Saturdays
and Sundays and legal national holidays.
Exception.City-initiated farmer's markets located on either public property or private property
are exempt from the terms of this article.
(35)Retail—Home improvement,building materials.Home improvement centers,subject to the following
conditions:
a.A home Improvement center may perform customererequested cutting of pre-cut wood products
and other products offered for sale,provided such cutting isdone within the roofed area of the
principal building.
Lawn,garden and pool supplies may also be stored,displayed and sold from attached areas with
or without a solid roof,subject to the following limitations:
1.Such storage,display and sales areas does not exceed 35 percent of the home
improvement center‘s gross building floor area;and
2.Allsuch storage,display and sales areas must.be enclosed by a solid masonry wall or
ornamental metal picket fence or combination thereof,a minimum ofeight feet in height.
The items stored within these areas shall not exceed the height ofthe wall or metal picket
fence.Openings for ingress and egress purposes,restricted to the narrowest width
necessary,are permitted,subject to site plan review,-and
3.Setbacks required for the principal building shall apply to all storage,display and sales
areas;and
(Supp.No.18)
treated:381540-31 tans?[EST]
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The rental of trucks for the convenience of customers purchasing items only shall be permitted at
home improvement centers with greater than 100,000 square feet of gross floor area,subject to
the following limitations:
1.The total number of trucks available for rental shall not exceed five;
2.The location of storage areas for rental trucks shall be subject to site plan review;
3.Storage areas for rental trucks shall not utilize any ofthe facility's minimum required
parking spaces;and
4.No repairs or maintenance of rental trucks shall take place on the premises,
Loading clock facilities for the purpose of supplying the home improvement center shall be
oriented away from adjacent residential zoning districts unless screened from view by a masonry
wall of not less than six feet in height but not more than eight feet in height.
(36)Micrabrewery.
a.
b.
Microbrewery shall be permitted only in conjunction with a restaurant.
Microbrewery shall be exempt from distance requirements for sale of alcoholic beverages.
All manufacturing or processing shall be conducted completely within enclosed buildings.
No more than 75 percent of the gross floor area shall be used for the brewery function including,
but not limited to,brewhouse or equivalent,laboratories,boiling and water treatment areas,
bottling,canning and kegging lines,malt and milling storage,fermentation tanks,conditioning
tanks and serving tanks.
No outdoor storage shall be permitted including,but not limited to,spentor used grain,portable
storage units,cargo containers,tractor trailers.
(37)Restaurant—Sports,amusement,co?‘ee/sandwich shop,cafeteria,food hall.Subject to standards for
sale of alcoholic beverages as set forth in article V and section 347.598 of this chapter.Food halls shall
comply with the following extra requirements:
8.Food halls premises shall be comprised ofthree or more restaurants,which primary business is
the sale of food prepared on the premises for consumption on or off the premises,where sale of
liquor and/or beer and wine is entirely incidental to the principal use of selling food in
accordance with article V.
Parking must be provided in accordance with article XIIof this chapter.Parking may be reduced
by ten percent for adaptive reuse of any building within the innovation overlay district only.
(38)Selfeservicestorage facility.In addition to when a special exception use approval is required,the
following shall be complied with:
a.Unit size.individual storage units shall be no greater than 400 square feet and an interior height
not to exceed 12 feet.No business or business activity,and no wholesale or retail sales are
permitted in an individual storage area within a self-service miniewarehouse storage facility.
Truck rental.Ancillary rentals of trucks other than light trucks are permitted in conjunction with aself—servicemini-warehouse storage facility,providing such facility is situated on a site containing
not less than two and one-half gross acres,subjectto compliance with the following
requirements:
1.That a decorative masonry wall at least eight feet in height shall enclose the rental truck
storage area;
(Supp.No.18)
Created:zen-tea)15:31:37 [Est]
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2.There shall be a landscaped buffer between the masonry wall and any abutting roads,
which may be a hedge,and/or trees at least 48 inches high at the time of planting,or other
reasonable landscape plans acceptable to the department;
3.That there be no rental of any truck having a net vehicle weight exceeding 12,600 pounds;
4.That for each 100 self»storage units or fraction thereof,there shall be no more than two
rental trucks stored,e.g.,one—100 units:two rental trucks;101—200 units;four rental
trucks,etc.;provided,however,no more than ten rental trucks may be stored on the
premises;
5.That no loading or unloading of trucks is permitted outside the enclosed area and all trucks
must be stored inside the enclosed area at all times;and
6.That there shall be no repairs or maintenance work on the rental trucks on the premises of
the self»service mini-warehouse storage facility.
c.Use ofbays.Use ofstorage bays shall be limited to storage of personal goods.Storage bays shall
not be used to manufacture,fabricate or process goods;service or repair vehicles,boats,small
engines or electrical equipment,or to conduct similar repair activities;conduct garage sales or
retail sales of any kind;or conduct any other commercial or industrial activity on the site.
individual storage bays or private postal boxes within a self-service storage facility use shall not
be considered premises for the purpose of assigning a legal address in order to obtain an
occupational license or other governmental permit or license to do business nor as a legal
address for residential purposes.Violation of this subsection shall cause revocation of any license
or permit obtained to conduct such activity.
d.Outside storage.Except as provided in this subsection,all property stored in the area devoted to
a self-service storage facility use shall be entirely within enclosed buildings.Open storage of
recreational vehicles and dry storage of pleasure boats of the type customarily maintained by
persons for their personal use shall be permitted within a self-service storage facility use,
provided that the following standards are met.
1.Location.The storage shall occur only within a designated area.The designated area shall
be clearly delineated on an approved site plan.
2.Lotarea.The storage area shall not exceed 25 percent of the lotarea unless approved by
the city council.in no case shall the storage area exceed 50 percent of the lot area.
3.Screening.The storage area shall be entirely screened from view from adjacent residential
areas and public roads by a building or by installation of an eight-foot high wall.Additional
landscape screening may be required by the administrative official.
4.Setbacks.Storage shall not occur within the area set aside for minimum building setbacks.
5.Boats.Pleasure boats stored on the site shall be placed and maintained upon wheeled
trailers.
6.Dry stacking.No dry stacking of boats shall be permitted on site.
7.Vehicular maintenance.No vehicle maintenance,washing or repair shall be permitted in a
self»storage facility.
(39)Sewage liftorpumping station.Shall comply with the following:
a.Stations and accessory structures including generators in connection with such stations are
required by the county water and sewer department or other service providers as a condition of
service;
Created:zazsrierai 15.32.37 [Esr]
(Supp.No.18)
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b.
C.
A landscape plan for such stations shall be submitted to and approved by the administrative
official as deemed appropriate to include the following:
1.Hedges a minimum ofthree feet in height when measured immediately after planting;and
2.Hedges shall be planted and maintained to form a visual screen around the site within one
year after the time of planting,except thatopenings shall be required for providing
adequate ingress,egress,and maintenance to the site for the purpose of maintaining said
stations and accessory structures.
Allfencing is to be provided on site in accordance with the requirements of section 34446.
(40)Salvage yard,junkyard.
a.Junkyards shall be surrounded by a solid wall eight feet high,and this wall shall be of (2.8.3.
construction and painted and maintained in order to present a good appearance.
A landscape plan shall be submitted for approval to include appropriate hedge or plant species to
be planted outside the walls at a minimum height of five feet at the time of planting.In no event
shall the junk or scrap be piled higher than the wall.
(41)Residential,single-family,detached;residential,two—family,duplex;residential,townhouse;
multifamily,mixed use.
a.All development shall be on platted lots in accordance to article Vll ofthis chapter.
b.Individual duplex and townhouse units shall be developed on individually platted lots.
c.Townhouse developments shall have a minimum building grouping of three units up to a
maximum of six units per grouping,
d.Unless otherwise permitted,only use as a one»fami|y residence shall be permitted.
e.Prima facie evidence of illegal multiple use or illegal subdivision of a residence.It shall be
presumed that a multifamily use has been established when one or more ofthe following
conditions are observed:
1.There are two or more electrical,water gas or other types of utility meters,or mailboxes on
the premises.
2.There is evidence of a liqUIdpropane (LP)gas tank installed in an unauthorized detached
structure on the premises.
3.There is more than one cooking area in the primary structure.
4.Allliving areas within the dwelling are not logically interconnected.
5.Rooms with separate outside entrance that can be logically partitioned to be exclusive of
all other living areas of the residence.
6.Multiple paved numbered parking spaces.
7,An unauthorized detached building with air conditioning,or interior cooking areas or utility
meters.
8.There is more than one different house address unit number posted on the premises.
9.An advertisement indicating the availability of more than one living unit on the premises.
10.An unpermitted exterior door.
Cream-d:1825-18»6!16:32 37 [est]
(Supp.No.18]
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11.A second kitchen or facilities for cooking provided not exclusively for servant use or
religious purposes.
The presumption may be rebutted by the property owner with the submission ofa valid building
permit of record and with a currentfloor plan prepared by an engineer or architect,surveying the
residence and accessory structures and showing all rooms are interconnected as a single-family
dwelling accompanied by a notarized affidavit from the property owner attesting that the
residence or accessory structure is being maintained for single»family occupancy and/or
substantiated by an interior inspection ofthe dwelling by a compliance officer.Ifthe compliance
officer is able to enter the interior of the property and verify its use as a singleafamily dwelling,
and property is constructed in accordance with building permit of record,the property owner is
exempt from the submission of a current plan.
Ifit is found that adequate evidence of an illegal multiple use or illegal subdivision of a unit has
occurred it shall be considered a violation of this Chapter.
Nothing contained in this section shall prevent the enforcement actions authorized by this Code
independent of this subsection.
Work/liveloft shall be permitted subjectto the following:
1.The residential living area shall be incidental and subordinate to the business or workspace
area
2.The residential living area shall not occupy more than ten percent of the workspace or
business area and shall not be larger than 600 square feet,whichever is less.
3.Residential unit shall be accessed from inside the business.No separate outside entrance
shall be permitted.
4.Where there are multiple businesses within a single building or structure,only one
residential living area shall be permitted per business.
5.The residential living space shall be contained within the same structure as the workspace
and must be occupied by the business operator.No portion ofthe unit may be rented or
sold separately.
6.Parking must be provided in accordance with article XIIof this chapter.
(42)Urban agricultural gardens.In addition to requiring a special exception use approval the following
standards shall be complied with:
a.Lotsize.The minimum lot size shall be 10,000 square feet up to a maximum size of not to exceed
two acres.
b.Accessory structures.Accessory structures shall be limited to 400 square feet.
c.Setbacks.Allactivities shall maintain a setback of five feet from all property lines adjacent to
residentially zoned land.Accessory structures shall meet the setbacks of the underlying district.
d.Use.Retail or wholesale sale of vegetables or other agricultural products is prohibited.
e.Equipment.Use of heavy equipment shall be prohibited.
f.Spraying.Aerial application of fertilizer or pesticides shall be prohibited.
g.Parking.A minimum of four parking spaces shall be provided in accordance with article
Overnight parking shall be prohibited.
Created:392548-81 EL}?37 [EST]
(Supp.Not 18)
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h.Loading.All loading and unloading activities shall be restricted the site and shall not encroach
into any setbacks.
i.Storage.Outdoor storage shall be prohibited.Storage of all accessory equipment or products
shall be contained within the accessory structure.
(42.5)Maker space.Uses permitted under this category are subjectto the following standards:
a.All permitted activities,other than parking,loading and storage,shall be conducted within a
completely enclosed building.
b.Maker space may include education in the form oftraining sessions /showcasework.
(43)Wireless supported service faci/ities,including antenna support structures.This subsection provides for
the establishment of additional criteria for hearing and granting a special exception use to allow a
wireless supported service facility,including antenna support structures.in considering any application
for approval hereunder,the zoning appeals board shall consider the same subject to approval of a site
plan or such other plans as necessary to demonstrate compliance with the standards herein.
a.Purpose.The purpose of this subsection is to create objective standards to regulate wireless
supported service facilities,including antenna support structures.Upon demonstration at public
hearing that a zoning application for a wireless supported service facility,including antenna
support structures is in compliance with the standards herein and the underlying district
regulations and does not contravene the enumerated public interest standards established
herein,the wireless supported service facility,including any antenna support structure,shall be
approved.
b.General standards.
1.The approval of the wireless support facility shall not cause the subject property to fail to
comply with any portion of this chapter or the comprehensive development master plan.
2.The proposed antenna support structure and related equipment shall comply with the
underlying zoning district standard lot coverage regulations.
3.The proposed antenna support structure shall not involve any outdoor lighting fixture that
casts light on the adjoining parcel of land at an intensity greater than that permitted by
section 34-417,unless providing safety lighting as required by FCCor FAA regulations.
4.Aantenna support structure 100 feet in height or less,shall be setback from the property
line ofany existing residential dwelling,and the property line ofthe nearest residentially
zoned property located on a contiguous or adjacent parcel of land uncle r different
ownership,a distance equal to 110 percent of the height of the antenna support structure.
5.An antenna support structure exceeding 100 feet in height shall be setback a minimum of
200 feet from the property line of any existing residential dwelling,and the property line of
the nearest residentially zoned property located on a contiguous or adjacent parcel of land
under different ownership,unless the antenna support structure itself,excluding any
antennas attached thereto for the purposes of wireless communication,is otherwise
substantially visually obscured by an intervening structure or landscaping (i,e.,wall,
building,trees etc.)in which case setback shall be equal to a minimum of 110 percent of
the height ofthe antenna support structure.
6.A survey,site plan or line of sight analysis illustrating this condition shall be provided by the
applicant.
mama;zezs-m-ax l5.31.37 [ssv]
(Supp.No.18]
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10.
11.
The proposed wireless supported service facility shall provide adequate parking and
loading and provide ingress and egress so that vehicles servicing the facility will not block
vehicular and pedestrian traffic on abutting streets.
The applicant's proposed antenna support structure associated with the proposed wireless
supported service facility shall be designed in such a manner that in the event of a
structural failure,the failed portion of the antenna support structure shall be totally
contained within the parent tract.
Proposed fences have the "unfinished"side,if any,directed inward toward the center of
the leased parcel proposed for installation ofthe antenna support structure and related
equipment.
Proposed fences willbe constructed of durable materials and will not be comprised of
chain linkor other wire mesh,unless located in an AU district.
In the event a wall is used to screen the base of a non-camouflaged antenna support
structure or the equipment building structure,the wall shall be articulated to avoid the
appearance of a "blank wall"when viewed from the adjoining property residentially zoned
and developed under different ownership.In an effort to prevent graffiti vandalism,the
following options shall be utilized for walls abutting zoned or dedicated rights-ofrway:The
wall shall be setback two and one~half feet from the right-ofeway line and the resulting
setback area shall contain a continuous extensively landscaped buffer which must be
maintained in a good healthy condition by the property owner,or where applicable,by the
condominium,homeowners or similar association.The landscape buffer shall contain one
or more of the following planting materials:
(i)Shrubs.Shrubs shall be a minimum of three feet in height when measured
immediately after planting and shall be planted and maintained to form a
continuous,unbroken,solid,visual screen within one year after time of
planting.
(ii)Hedges.Hedges shall be a minimum of three feet in height when measured
immediately after planting and shall be planted and maintained to form a
continuous,unbroken,solid,visual screen within one year after time of
planting.
(iii)Vines.Climbing vines shall be a minimum of 36 inches in height immediately
after planting.
(iv)Meta/picket fence.Where a metal picketfence in lieu ofa decorative wall,
minimum landscaping in accordance with this subsection shall be required.
c.Health and safety standards.
1.The proposed wireless support service facility shall not block vehicular or pedestrian traffic
on adjacent uses or properties.
2.The proposed wireless supported service facility shall be accessible to permit entry onto
the property by fire,police and emergency services.
3.The proposed wireless supported service facility shall comply with any applicable the
county aviation requirements.
4.Safe sight distance triangles are maintained pursuant to section 34446.
d.Environmental standards.
(Supp.No.18)
Created:2925-18-61 [5 12 37 [Esr]
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The proposed antenna support structure and related equipment shall not result in the
destruction of trees that have a diameter at breast height of greater than ten inches,unless
the trees are among those listed in city's landscape manual as an invasive species.
The proposed wireless supported service facility shall not be located in an officially
designated natural forest community.
The proposed wireless supported service facility shall not be located in an officially
designated wildlife preserve.
The applicant shall submit an environmental impact study prepared by a licensed
environmental firm that the proposed wireless supported service facility will not affect
endangered or threatened species or designated critical habitats as determined by the
Endangered Species Act of 1974;and that the facility will not have a substantial deleterious
impact on wildlife or protected plant species.
The applicant shall submit a historical analysis prepared by a professional cultural specialist
that the proposed wireless supported service facility shall not affect districts,sites,
buildings,structures or objects of American history,archltecture,archeology,engineering
or culture,that are listed in the National Register of Historic Places or applicable city,
county or state historic preservation regulations.
The proposed wireless supported service facility shall not be located on a Native American
religious site.
Necessity standards.
1.The applicant shall establish that there are no available existing wireless supported service
facilities or buildings within the prospective provider’s search area suitable for the
installation of the provider‘s proposed antennas clue to one or more of the following
circumstances:
(i)Existing wireless supporting service facilities or buildings within the search area
have insufficient structural capacity to support the proposed antennas and
related equipment;
(ii)Existing wireless supported service facilities or buildings within the search area
are not of sufficient height to resolve the lack of wireless service coverage or
capacity in the area intended to be served by the proposed wireless supported
service facility or to cure the signal interference problem in that area;
(iii)The proposed antenna would cause radio frequency interference or other
signal interference problems with existing wireless supported service facilities
or buildings,or the antenna on the existing wireless supported service facilities
or buildings may cause signal interference with the provider‘s proposed
wireless supported service facility;
(iv)The owner of an existing building or wireless supported service facility located
within the provider's search area that has existing height and structural
capacity and would otherwise resolve the lack of wireless service coverage,a
deficiency in capacity or signal interference problems,has rejected the
provider's reasonable attempts to locate its wireless supported service facility
on its building or facility;or
(v)The applicant shall provide evidence of one or more criteria listed above with
an affidavit from a radio frequency engineer,structural engineer,owner or
authorized provider's representative acceptable to the planning and zoning
(Supp.No.18)
created.2825-19791 is::37 [Est]
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department,as applicable.For purposes of this subsection,search area shall
mean the geographic area within which the provider can demonstrate that the
wireless supported service facility must be located in order to resolve the lack
of wireless service coverage,a deficiency in capacity or signal interference
problems.
The applicant shall demonstrate that the proposed wireless supported service facility will
cure:
(iii)
iiV)
Signal interference problems;or
A total lack of wireless service coverage or capacity among all providers in the
area intended to be served by the proposed wireless supported service facility;
Will allow its customers to make and maintain wireless calls on a reliable basis
as defined by the provider's quality criteria;and
The applicant shall provide information to permit independent verification of
factual data relied upon by the applicant to establish subsection (41)e.2 of this
section,including,but not limited to,the following:
A.The purpose for the proposed wireless supported service facility;and
B.The following technical data for the proposed wireless supported service
facility and for each existing,authorized,pending and proposed adjacent
facility:
i.Site name or other reference;
ii.Facility latitude and longitude;
iii.Site elevation;
For each antenna at each of the included facilities:
(ii
(iii
(iii)
(W)
(V)
Height of antenna radiation center;
Antenna type and manufacturer;
Maximum effective radiated output power,including the maximum total power
radiated from all channels;
Azimuth of main antenna lobe;and
Beam tilt and null-fill ofeach antenna.
A complete up and down-link power budget for the proposed wireless supported service
facility,including any differences that may exist with the power budgets of the adjacent
facilities,to ensure that all of the gain and loss factors used by the applicant are included in
a verification analysis;
Complete descriptions of methodology,formulas,data presented in appropriate parameter
data units (e.g.,Erlangs,Watts,dBm,ft.),existing traffic studies and trend analyses ifthe
proposed facility is intended to cure a lack ofcapacity,and any other information necessary
for an independent engineer to verify statements concerning signal interference or lack of
capacity or coverage;and
identification of any equipment that differs from industry standards;
(Supp.No.18)
Created:1625-19791 15:32:37 [ESV]
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The applicant shall reimburse the department for fees charged to the department for
independent verification of factual data relied upon by the applicant,as required pursuant
to above.
Mitigation standards.
1.A non—camouflaged antenna support structure or equipment building shall be located so
that it does not obscure,in whole or in part,an existing view to any historically designated
landmark,natural area,or natural water body (i.e.,river,lake,ocean)from any residentially
zoned property under different ownership.
Existing landscaping,vegetation,trees,intervening buildings or permanent structures shallbeutilizedtothemaximumextentpossibletoobscuretheviewofthenon-camouflaged
antenna support structure from public right—of-wayor residentially zoned property.
Any proposed antenna support structure shall be designed to accommodate the collocation
of at least two providers.
Allnew non-camouflaged antenna support structures approved at public hearing after the
effective date of this subsection,when exceeding 125 feet in height,must be structurally
designed to accommodate at least three providers.
To minimize visual impact in all cases,new or reconstructed antenna support structures
shall:
(i)Ifnon-camouflaged,utilize non-reflective galvanized finish or coloration to
blend in with the natural environment unless Federal Aviation Administration
painting or markings are otherwise required.The part of the antenna support
structure that is viewed against the sky and all antennas attached thereto shall
be a single color,either light gray or similar neutral color;the part of the
antenna support structure and all antennas not viewed against the sky shall
also be colored to blend with its surrounding background and harmonize with
the color of existing structures or vegetation,as applicable;
(ii)Be designed to preserve all vegetation to the maximum extent feasible to
mitigate visual impact and create a buffer that harmonizes with the elements
and characteristics of the existing parcel on which the wireless support service
facility is located and adjacent properties;and
(iii)Shall be designed to be harmonious with the architectural elements of the
surrounding structures,such as bulk,massing and scale of surrounding
properties;or be designed to blend and be harmonious with the principal
structure on the property on which the antenna support structure is proposed
to be constructed and installed.
A camouflaged antenna support structure shall be designed as an artificial tree or to serve
a purpose other than supporting antennas (i.e.,lighting of sports facilities,transmission of
electrical and/or telephone lines,flagpoles).
To reduce the visual impact,an antenna supportstructure readily observable from
residentially zoned districts located within the immediate vicinity ofthe leased parcel shall
be a camouflaged antenna support structure,unless the provider can demonstrate that an
antenna support structure ofa monopole type would be less visually obtrusive or would
reduce proliferation of additional antenna support structures within the immediate vicinity
of the search area of the leased parcel and thus reduce the cumulative visual impact
caused by future additional antenna support structures in the immediate vicinity.In all
(Supp,No.18)
Created:292345-61 15.32:;7 [est]
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10.
11.
cases,antenna support structures of the guyed wire or self-supporting lattice type for the
purposes of providing wireless telecommunications services only,shall be prohibited within
the immediate vicinity of all existing residentially zoned districts and residential structures,
except that the parent tract of the application property site may contain a residential
structure,
lfa non»camouflaged antenna support structure cannot be readily observed from
residentially zoned property located within the immediate vicinity of the leased parcel,
strongest support shall be given in the following order from most preferred to least
preferred antenna support structure type:existing antenna support structures,existing
buildings or structures,monopole,lattice or self‘supporting or,guyed wire.
The architectural design,scale,mass,color,texture and building materials of any proposed
equipment building structure shall be aesthetically harmonious with that of other existing
or proposed structures or buildings on the parent and leased tracts and in the immediate
vicinity.
The accessory wireless equipment building used in conjunction with the proposed wireless
supported service facility shall be designed to mitigate visual impact and be comparable
with the scale and character of the existing structures on the subject property and in the
immediate vicinity,or blend into natural surrounding vegetation or buildings through the
use of color,building materials,textures,fencing or landscaping to minimize visibility from
or otherwise make the appearance of the accessory wireless equipment building the least
visually obtrusive to adjacent uses and properties,as well as pedestrian and vehicular
traffic.
ifan alternative site exists,or could be constructed,for the antenna support structure,that
would provide substantially lesser impact upon residentially zoned districts located within
the immediate vicinity of the proposed site and that would provide for a substantially
equivalent level of coverage,interference or capacity mitigation as what the applicant
demonstrated is necessary then the applicant shall locate the proposed facility on the
alternative site.
(44)Small wireless facility.
a.
b.
Purpose.It is the intent and purpose of the city to promote the public health,safety,and welfare
by providing for the placement and maintenance of communications facilities in the public rights-
of‘way within the city;adopting and administering reasonable rules and regulations consistent
with state and federal law,including,but not limited to,PS.§337.401,as may be amended from
time to time;the Communications Act of 1934,as amended;and other state and federal laws;
establishing reasonable rules and regulations necessary to manage the placementor
maintenance of communications facilities in public rights-of-way by communications services
providers;and minimizing disruption to the public rightsvof-way.
Permit application.A permit application to place a new or replace an existing small wireless
facility in public rightseof-way,as required by F.S.§337.401(7)which may from time to time be
amended and is hereby incorporated by reference,shall include the following:
1.The location ofthe proposed small wireless faCIlity,including a description ofthe facilities
to be installed,where the facilities are to be located,and the approximate size of the
facilities that will be located in public rightsrof-way;
A description ofthe manner in which the proposed small wireless facility will be installed
(i.e.anticipated construction methods or techniques);
(Supp.No.18)
Created.2825716~81 [5 32:37 [Esri
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3.A maintenance of traffic plan for any disruption of the public rights-of-way,in accordance
with the standards promulgated by the Florida Department of Transportation;
4.In order to assess the impact on right-of~way resources,effects on neighboring properties,
and potential for co-locations or repurposed structures,the registrant shall provide
information on the ability of the public rights-of—wayto accommodate the proposed
facility,including information that identifies all above-ground and below ground structures
including,but not limited to,light poles,power poles,equipment boxes,antennae,and
underground water,sewer,electric and gas lines currently existing in the public rights—of-
way in the city within a 100-foot radius of the proposed facility,ifavailable (such
information may be provided without certification as to accuracy,to the extent obtained
from other registrants with facilities in the public rights—of-way).The 100—footdistance
requirement may be modified if the city manager,or designee,determines that the
proposed location:
(i)Better serves the city's interests in safe,aesthetic,efficient and effective
management ofthe public rights-of-way;or
(ii)Will help minimize the total number of communication facilities necessary to
serve a particular area;
S.A timetable for construction of the project or each phase thereof,and the areas of the city
that will be affected;
6.Whether all or any portion of the proposed facilities will be rented,hired,leased,sublet,or
licensed from or to any third party and,if so,the identity,and contact information of the
third party;
7.Ifappropriate,given the facility proposed,a certified estimate of the cost of restoration for
the public rights-of-way,subject to approval by the cuty engineer or designee;
8.Such additional information as the city finds reasonably necessary,with respectto the
placement or maintenance of the communications facility that is the subject of the permit
application,to review such permitapplication.
Within 14 days after the date of filing an application,the city may request that the proposed
location ofa small wireless facility be moved to another location in the right-of-way and placed
on an alternative city utility pole or support structure.The city may also request changes to the
esthetics of the proposed small wireless facility so as to make the design of the facility consistent
with the neighboring area surrounding the proposed facility,and to ensure that any new utility
pole must be substantially similar to existing utility poles within a reasonable distance.The cityandtheapplicantmay,for up to 30 days after the date of the request,negotiate the alternative
location,including any objective design standards and reasonable spacing requirements for
ground—based equipment.if the alternative location cannot be agreed upon by the parties,the
applicant must notify the city and the city must grantor deny the application within 90 days after
the date the application was filed.The request for an alternative location,an acceptance of analternativelocation,or a rejection ofan alternative location must be in writing and provided by
electronic mail.
Notice oftronsfer,sale,or asstgnment ofassets in public rights-of—way.
1.Ifan applicant transfers,sells,or assigns its assets located in public rights-of-way incident
to a transfer,sale,or assignment of the registrant‘s assets,the transferee,buyer,or
assignee shall be obligated to comply with the terms of this section.Written notice of any
such transfer,sale,or assignment shall be provided by such applicant to the city's public
(Supp.No,18)
(rented:2025-16432 :5 32.37 (57]
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works department within 20 days after the effective closing date of the transfer,sale,or
assignment.
The city does not have the right to approve or deny applicants'asset transfers or
assignments to communications services providers operating at least one communications
facility within the city,and the failure to comply with this section does not void any such
asset transfer or assignment.The city reserves the right to exclude persons or entities
other than communicationsservices providers or pass-through providers from its rights-of-
way.Transfers or assignments of a communications facility to persons or entities other
than a communications services provider or pass»through provider who will operate at
least one communications facility within the city requires compliance with this section to
insure continued use ofthe public rightseof—way.
d.Permit review.
1.Within 14 days after receiving an application,the city will determine and notify the
applicant by electronic mail whether the application is complete.if an application is
deemed incomplete,the city willspecifically identify the missing information and allow the
applicant to submit the missing information.if the city fails to notify the applicant of
deficiencies within 14 days after receiving the application,the application will be deemed
complete.
The city will process all applications in the same manner.A complete application will be
deemed approved if the city fails to approve or deny the application within 60 days of
receipt,The application review period may be extended upon mutual agreement ofthe
parties.
A permit issued pursuant to an approved application shall remain effective for one year
unless extended by the city.
The city will notify the applicant of approval or denial by electronic mail.if the application
is denied,the city shall specify in writing the basis for denial,including the specific code
provisions on which the denial was based.An applicant may cure the deficiencies and
resubmit the application within 30 days after notice ofthe denial is sent to the applicant.
The city shall approve or deny the revised application within 30 days after receipt of the
application shall be deemed approved.
The city may deny a proposed collocation of a small wireless facility in the public rightsrof—
way ifthe proposed collocation:
(i)Materially interferes with the safe operation of traffic control equipment
(ii)Materially interferes With sight lines or clear zones for transportation,
pedestrians,or public safety purposes.
(iii)Materially interferes with compliance with the Americans with Disabilities Act
or similar federal or state standards regarding pedestrian access or movement.
(iv)Materially fails to comply with the 2010 edition ofthe Florida Department of
Transportation Utility Accommodation Manual.
(v)Fails to comply with applicable codes.
e.Suspension ofpermitsi
1.The city may suspend a permit for work in the public rights-ofrway for one or more ofthe
following reasons:
(Supp.No.18)
created:zezs-terai 15:32.37 [Esr]
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(i)Violation of permit conditions,including conditions set forth in the permit,this
division,or other applicable city ordinances,codes,or regulations governing
placement or maintenance of communications facilities in public rights—of-way;
(ii)Misrepresentation or fraud by registrant in a registration or permit application
to the city;
(iii)Failure to properly renew or ineffectiveness of the registration;or
(iv)Failure to relocate or remove facilities as may be lawfully required by the city.
2.The public works director shall provide notice and an opportunity to cure any violation of
subsections (1)through (4)above,each of which shall be reasonable under the
circumstances.
f.Appeals.Final.written decisions of the public works director or designee suspending or denying a
permit,denying an application for a registration,or denying an application for renewal of a
registration are subject to appeal.An appeal must be filed with the pu blic works director within
30 clays of the date of the final,written decision to be appealed.Any appeal not timely filed as
set forth above shall be waived.The code enforcement special master shall hear the appeal.The
hearing shall occur within 45 days of the receipt of the appeal,unless waived by the registrant,
and a written decision shall be rendered within 20 days ofthe hearing.If the city is the prevailing
party on appeal,a $500.00 administrative fee shall be assed against the registrant.Upon
correction of the grounds that gave rise to a suspension or denial,the suspension or denial shall
be lifted
g.Appeal ofan order afthe special master.An aggrieved party,including the city,may appeal a final
order of a special master to the circuit court.Such an appeal shall not be a hearing de novo but
shall be limited to appellate review of the record created before the special master.Appeals shall
be governed by the Florida Rules oprpellate Procedure.
1.Unless the findings of the speCIal master are overturned,said findings of the special master
shall be admissible in any proceeding to collect unpaid penalties.
2.No aggrieved party other than the city may apply to the court for relief unless such party
has first exhausted the remedies provided for in this article and has taken all available
steps provided in this article.It is the intention of the city that all steps provided by this
article shall be taken before any application is made to the court for relief,and no
application shall be made by any aggrieved party other than the city to a court for relief
except from an order issued by a special master pursuant to this chapter.
(45)Vehicle sales—Retail,new automobiles,used automobiles.
a.Retail vehicle sales shall only be conducted from standalone buildings whereby the dealership is
the single tenant on an individually platted lot.
(46)Vehicle sales—Wholesale dealer,online,independent dealer.Shall be permitted subject to the
following requirements:
a.An office space devoted to perform transactions in conjunction with the business is required on
the lot for all types of vehicle sales busmesses.
b.Display of vehicles is not permitted.
c.Customer parking shall be provided in accordance with article XIIof this chapter.Such parking
shall be conspicuously posted and used for customer parking only.
(47)Rental—Automobile only.Shall be permitted subject to the following conditions and limitations:
(reated-783549-131 16.32 37 [EN]
(Supp.No.18)
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E.
No fueling,vehicle service or car wash facilities or activities shall be permitted on the site.
There shall be no automobile storage other than the interim,incidental and customary parking of
the rental cars.No more than ten rental vehicles shall be located on the site.
Employee and rental car parking shall be provided at the rear ofthe property,
Parking spaces for rental cars shall be provided in addition to the required parking for the
business.
No outdoor speakers shall be permitted.
(48)Warehouse,distribution,light production,lightassembly.Shall be permitted subject to the following
conditions and limitations
a.Warehouse,distribution,light production,light assembly uses within the E0 -Entertainment
overlay district.
1.Shall be a minimum of 40 acres in size.
2.Shall not permit accessory buildings or accessory structures including,but not limited to:
Smokestacks;hoppers;silos;and exhaust stacks.
3.Shall not generate any negative externalities (noise,glare,smoke,odor,vibration,etc.)
detectable on adjacent lots.
4.There shall be no outdoor display of products or outdoor storage of materials.
5.The use shall be conducted within a completely enclosed building.
New construction of warehouse,distribution,light production,light assembly uses,generally.
Shall meet the following design criteria:
1.The use shall be contained within a visually appealing structure resembling a quality class A
warehouse/distributionbuilding and the design will focus on massing,articulation and
fenestration as further described below.
2.Individual buildings shall vary in overall height and not be contained in a single volume of
continuous height.Horizontal articulation of the building is required before the first 15 feet
in height (maximum)and vertical articulation is required every 50 feetin length (maximum)
in order to provide variation and architectural interest.
3.Building elevations shall emphasize primary entry,corners and office space by
incorporating horizontal and/or vertical articulation as appropriate.
4.Buildings exceeding 40 feet in height shall feature moderation in the vertical surface plane.
This can be accomplished through,for example,by including columns,changes in height,
architectural projections and/or Indentations.Vertical plane moderation shall be significant
enough to produce shadow lines against the building.Color may be used to reinforce
vertical plane but shall not be substitute for architectural features.
5.Building exterior shall provide changes of materials,including,but not limited to,stucco,
reveal patterns,stone,glass,form liners,metal accents and/or panels,synthetic wood
panels,concrete or aluminum eyebrows and projections,masonry veneers (i.e.brick,
fieldstone,limestone,etc.),and/or pre~cast high quality synthetic veneers.
6.The provision of landscape and buffering shall minimize the appearance of expansive
parking lots.
(Supp.No.18)
Created.2025-19-91 1523217 [EST]
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7.Loading,delivery,and refuse collection areas and associated activities should be located to
the rear of buildings and screened from view from the right-of-way.
(49]Hotels within the entertainment overlay (EO).Shall meetthe following minimum standards:
a.
b.
C.
Minimum of 250 rooms.
Minimum of 300 square feet per guest room,including bath.
Minimum of 10,000 total square feet of private indoor meeting space to include breakout rooms,
conference rooms,training rooms,banquet rooms,convention hall,that accommodate
technology such as interactive Whiteboards,wireless presentation solutions,and video
conferencing platforms which may be arranged in various layouts such as banquet style,U-shape
style,classroom style,theater/auditoriumstyle,boardroom style,crescent style,and huddles.
This indoor meeting space is defined as areas such as a banquet hall,convention hall,or any
other hall available for hire.Outdoor meeting space or event space shall not count towards the
minimum private indoor meeting space.
Minimum of 2,000 square feet of usable privatesemiprivate outdoor event space including,but
not limited to,patio,atrium,sundeck,or rooftop area.
Indoor and outdoor spaces are considered separate categories and cannot be counted towards
each other's requirements.
(50)[Shopping Centers]Shopping centers shall be required to:
a.
b.
(51)
{32)
Register in accordance with Chapter 6,Article XIIofthe Code ofOrdinances.
Comply with the property maintenance provisions found in Chapter 16,Article IIIofthe Code of
Ordinances.
[Reserved]
Mobile food disoensina vehicles-temporar commerCial kitchens.Mobile food clispensi’nc
vehicles and temporary commerCial kitchens shall be permitted and regulated in
accordance with Title XXXlll Chapter 509 Partl of the Florida Statutes.
(Ord.No.2010-10-218,§2(9»20),477-2010;Ord.No.2011-02-244,§2(App.A),372—2011,-Ord.No.2011-19—261,§
5,9-14-2011;Ord.No.2011-25-267,Exh.B,11-2-2011;Ord.No.2013-07-295,§2(Exh.A),4-24-2013;Ord.No.
2013-19-307,§2(Exh.A),9-10-2013,-Ord.No.2014-02314,§2(Exh.A),1-8-2014;Ord.No.2015-03-333,§Z{Exh.
A),3-25—2015;Ord.No.2015-05—335,§3,S-27-2015;Ord.No.2015-12-342,§2,9-23-2015;Ord.No,2016-14-360
§2(Exh.A),9—28-2016;Ord.No,2018—03-384,§3,2-14»2018;Ord No.2019-010412,§2(Exh.A),7-24~2019;Ord.
No.2020-001-420,§2(Exh.A),1-22-2020;Ord.No.2022007448,§2(EXh.A),3—23»2022;0rd.Not 2022-011-452,
§2,9-14-2022;Ord.No.20237009-465,§2,9-27‘2023;Ord,No.2025-002482,§2(Exh.A),1-22-2025)
(Supp.No.18)
Created:2825418751 16:32:37 [EST]
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