Division 2. Conditional Use Regulations, Article III. General Development Regulations, Chapter 23. Zoning, Land Use And Development Regulation, Code of Ordinances, Lake Wales

Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)

Code of Ordinances

Chapter 23. Zoning, Land Use And Development Regulation

Article III. General Development Regulations

Division 2. Conditional Use Regulations

§ 23-341. Adult entertainment uses.

Latest version.

Ordinance 93-09 regulating adult entertainment establishments was adopted on August 3, 1993 by the Lake Wales City Commission and included by reference in Chapter 14, Licenses and Business Regulations, Lake Wales Code of Ordinances. A copy of Ordinance 93-09 is available for public access in the office of the city clerk. The provisions contained in this section pertain to these land development regulations.

Sec. 23-341.1 Definition.

Adult entertainment establishment. An adult theater, an adult bookstore, an adult dancing establishment or any enterprise that involves the activities defined in Ordinance 93-09, Section 6, as adult entertainment activities and that are operated for commercial or pecuniary gain. ("Operated for pecuniary gain" shall not depend upon actual profit or loss and shall be presumed where the establishment has an occupational license.) An establishment with an adult entertainment license, or seeking to obtain such a license in accordance with Ordinance 93-09, is presumed to be an adult entertainment establishment.

Sec. 23-341.2 Prohibited locations.

a. Notwithstanding any other provision of the city zoning code, no person shall cause or permit the operation of, or enlargement of, an adult entertainment establishment which, while in operation or after enlargement, would or will be located within one thousand (1,000) feet of the following:

1. A preexisting adult entertainment establishment;

2. A preexisting religious institution;

3. A preexisting educational institution;

4. A preexisting residentially zoned area;

5. A preexisting park;

6. A preexisting commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption.

b. The term "enlargement" as used in this subsection, includes, but is not limited to, increasing the floor size of the establishment by more than ten (10) percent of its original size.

c. The distance requirements of paragraph "a" are independent of and do not supersede the distance requirements for any alcoholic beverage establishment contained in or hereinafter adopted by the city in any other provisions of the Lake Wales Code of Ordinances.

Sec. 23-341.3 Measurement of distance. The distance from a proposed or existing adult entertainment establishment to a preexisting adult entertainment establishment, a preexisting religious institution, a preexisting educational institution, an area zoned for residential use, a preexisting park, or a preexisting commercial establishment that sells or dispenses alcohol for on-premises consumption shall be measured by drawing a straight line between the closest property lines of the proposed or existing adult entertainment establishment and the preexisting adult entertainment establishment, preexisting religious institution, preexisting educational institution, area zoned for residential use, preexisting park, or preexisting commercial establishment that sells or dispenses alcohol for on-premises consumption.

§ 23-342. Alcoholic beverage sales and service.

Effective on Wednesday, September 7, 2022

Zoning approval of applications for state alcoholic beverage licenses shall be granted only in accordance with the provisions of this chapter and chapter 5, Alcoholic Beverages, and with the following conditions:

a. Retail sales: The retail sale of alcoholic beverages for consumption off-premises is permitted at a legally established "store," as defined in this chapter. Retail sales of alcoholic beverages for consumption off-premises is permitted as an accessory use, subject to the provisions of section 23-541, Accessory uses—Nonresidential properties.

b. Restaurants: The sale or service of alcoholic beverages for consumption on premises is permitted at a legally established restaurant, including outdoor service areas, provided the establishment meets the definitions of "restaurant" in this chapter and in chapter 5, Alcoholic Beverages.

c. Bars, including wine and beer bars: The sale or service of alcoholic beverages for consumption on premises is permitted as described below:

1. A legally established "bar" that meets the definitions in this chapter and in chapter 5, Alcoholic Beverages may be permitted in the Downtown Historic Overlay. Up to 3 establishments may be permitted at one time, as tracked by the City by business tax receipt; additional establishments may be permitted by Special Exception.

2. The sale or service of wine and beer for consumption on premises at a legally established “wine and beer bar” that meets the definitions in this chapter and in chapter 5, Alcoholic Beverages, shall be permitted in the Downtown Historic Overlay. A wine and beer bar may be permitted in the D-MU outside of the Downtown Historic Overlay by Special Exception.

3. Outdoor service areas are permitted for bars / wine and beer bars. The business floor area of the bar / wine and beer bar shall be not less than one thousand (1,000) square feet in size and not more than five thousand five hundred (5,500) square feet in size.

d. Clubs: The sale or service of alcoholic beverages for consumption on premises is permitted at a legally established club, provided the establishment meets the definition of "club" in this chapter and the definition of "fraternal or civic organization" in chapter 5, Alcoholic Beverages.

e. Outdoor seating areas on public sidewalks: The sale or service of alcoholic beverages by a legally established food or beverage business in an outdoor seating area on a public sidewalk is permitted upon approval of the Administrative Official in the Downtown Historic Overlay; and in the C-1 and D-MU (downtown and downtown mixed-use) zoning districts only upon approval by the city commission. Approval shall be contingent upon compliance with the conditions for an outdoor seating area in this chapter (section 23-353, Outdoor seating area). The city commission may place special conditions on the approval and reserves the right to limit the number of establishments providing such service on public sidewalks. In conjunction with the application, the owner or operator of the business shall provide to the city indemnification in a form acceptable to the city and must also secure a policy providing commercial general liability insurance in an amount not less than one million dollars ($1,000,000.00) naming the City of Lake Wales as an additional insured. The business shall be responsible for providing notice to its customers that alcoholic beverages may be consumed or possessed only within the public open space approved by the city commission for consumption of such beverages. Approval shall be contingent upon the establishment's obtaining and holding a valid state alcoholic beverage license for service in the outdoor area.

(Ord. No. 2009-14, § 1, 10-20-09; Ord. No. 2011-04, § 1, 3-1-11; Ord. No. 2022-37, § 1, 9-7-22)

§ 23-343. Auctions, sales, and events, temporary.

Latest version.

Temporary events, auctions and sales, not including yard sales, are permitted on nonresidential properties subject to the provisions of this section. For yard sales on residential properties, see section 23-356. Sidewalk sales on public streets are governed by chapter 18 and are not subject to the provisions of this section. Any tent, booth, or temporary structure shall require the approval of the building official and fire marshal.

a. Exempt sales and events. No approval is required for the following:

1. One-day auctions of real property are permitted on site, provided they are conducted between the hours of 9:00 a.m. and 8:00 p.m.

2. Regardless of the zoning district, auctions and sales at churches and schools are exempt from approval under this section, provided that the event is sponsored by the institution on whose property the event takes place, the event(s) is incidental to the principal use of the property, and the event is conducted in a manner compatible with the neighborhood.

3. Events in city parks and open spaces are exempt from approval under this section. Approval under chapter 18 of this Code may be required.

b. Administrative approval—Short-term sales and events. The administrative official or designee shall consider applications for temporary outdoor sales or events on developed properties in accordance with the criteria of this section. Such sales/events are limited to four (4) instances of three (3) days' duration each per business unit. For the purposes of this section, a building or commercial plaza with twenty thousand (20,000) square feet of total building floor area or less will be considered one (1) business unit, regardless of how many businesses are located in the structure. In buildings or commercial plazas with over twenty thousand (20,000) square feet of total building floor area, each business owning or renting a discreet portion of the building's floor area will be considered a business unit.

1. An application and fee per table 23-242 must be submitted to the administrative official by the property owner or person with written authorization from the owner. The application shall include a written description of the proposal and a site plan meeting the requirements of section 23-222, as applicable. The site plan shall clearly show the location and dimensions of the display/event area, any changes in parking or traffic circulation, any encroachment on landscaped areas, and any proposed temporary signage, fencing, or other structures or large objects to be installed or displayed. A written description of the event shall be included. Any temporary structures such as tents, fences, booths, play structures or signage must be reviewed by the building official and fire marshal prior to placement or installation and may require a building permit.

2. Within ten (10) days of receipt of a complete application, the administrative official shall review the application and approve, approve with conditions, or deny it with reference to the following criteria:

A. Visibility for site access and circulation is not impaired.

B. Standards of the Americans with Disabilities Act, including maintaining a minimum clear passageway of forty-four (44) inches along all sidewalks, are not compromised.

C. Required parking spaces and drive aisles shall not be used for event or display area. No entrances or exits from the parking area shall be blocked off for the event.

D. Except for open, grassy areas, no landscaped buffers or required landscaped areas may be used for the event unless the administrative official finds that in the particular instance the landscaping is not likely to be damaged.

E. The locations, dimensions, materials, and other characteristics of temporary signage or displays shall be specified in any approval. One (1) temporary sign per event shall be allowed, provided it is anchored with posts or secured on a structure, such as a building or fence and does not exceed the square footage allowed for a ground sign for the site per section 23-545. The sign may display a commercial or a non-commercial message.

F. Short-term events and sales are prohibited on vacant property.

c. Planning board approval—Temporary outdoor sales and events. The planning board shall consider applications for temporary outdoor sales, events, and displays on developed properties in accordance with the criteria of this section. Approvals for events/sales on developed property may be granted for a maximum of one (1) year, but may be renewed by the planning board upon review. No approvals shall be granted under this section for events on vacant property.

2. The planning board shall consider a complete application at the next available meeting. No public notice or hearing is required. The planning board shall approve, approve with conditions, or deny the application with reference to the following criteria:

A. Visibility for site access and circulation is not impaired.

B. Standards of the Americans with Disabilities Act, including maintaining a minimum clear passageway of forty-four (44) inches along all sidewalks, are not compromised.

C. The use of parking spaces in excess of those required by the zoning regulations shall be approved only if site access, site circulation, and vehicular/pedestrian safety are not compromised.

D. The use of required parking spaces or drive aisles shall be approved for display or events on a short-term basis only, subject to planning board discretion, provided the number of spaces remaining available for patrons is adequate, and provided that site access, site circulation, and vehicular/pedestrian safety are not compromised.

E. Except for open, grassy areas, no landscaped buffers or required landscaped areas may be used for the event unless the planning board finds that in the particular instance the landscaping is not likely to be damaged.

F. Use of temporary signage or displays other than goods for sale shall not exceed four (4) two-week periods within a year. The locations, dimensions, materials, and other characteristics of temporary signage or displays shall be specified in any approval. A banner or other similar feature shall be allowed as a display only if it is anchored with posts or other method or is secured on a structure, such as a building or fence and if it does not exceed the square footage allowed for a ground sign for the site on table 23-545. The sign may display a commercial or a non-commercial message.

d. Special exception use permit—Outdoor sales and events. Outdoor sales and events require a special exception use permit (see section 23-216 for approval process) unless exempt or otherwise allowed under this section. A special exception use permit is also required if any of the following conditions apply:

1. The floor area of the building or plaza on the site where the event is to take place exceeds twenty thousand (20,000) square feet, and the event or sale involves outdoor area beyond the sidewalk immediately adjacent to the applicant business;

2. The request is for an outdoor sale or event lasting longer than one (1) year on a developed property;

3. The request is for a sale or event on a vacant lot. No event, sale or display shall be approved on a vacant lot unless the lot is in a nonresidential district and is part of a substantially developed business park or commercial subdivision. Such events shall be approved for no longer than thirty (30) days' duration;

4. The request is for a periodic sale or event occurring more than four (4) times per year;

5. The request is for multiple locations for outdoor sales or events.

(Ord. No. 2008-45, § 13, 12-16-08; Ord. No. 2012-04, § 2, 3-6-12; Ord. No. 2013-05, § 2, 6-18-13)

§ 23-344. Automotive uses.

Latest version.

Automotive uses are those uses listed under "automotive uses" in Article VIII or any establishment involved in the sale, storage, or repair of motor vehicles. All automotive uses shall conform to all applicable provisions of this chapter, and, in addition, the following requirements shall apply:

a. Lifts and all other apparati used in the repair or servicing of vehicles shall be located within buildings or areas screened from view of adjoining properties, public streets, and parks, except for gasoline and air pumps.

b. Motor vehicles incapable of being moved under their own power at any time will be stored, serviced or repaired within buildings designated for such purposes or within areas designated on a site plan approved pursuant to section 23-222. Such areas shall be screened from view from adjoining properties, public streets, and parks. Work on vehicles outside of buildings or screened areas shall be limited to minor and incidental repairs of short duration.

c. All automotive uses engaged in the sale of vehicles, whether as a principal or accessory use shall have a sales office located within a building on the premises.

d. All areas used for the parking, storage, or repair of vehicles shall be surfaced in a stable manner.

e. Water from the washing of vehicles shall be discharged only in accordance with a valid state permit for the establishment or approval by the city's utilities director, as applicable. Exempt from this requirement are special events for the washing or cleaning of vehicles held by school or religious groups, non-profit clubs, or civic organizations, provided that the administrative official is notified in advance of such an event and provided the events are limited to two (2) days' duration and are held not more than four (4) times in a calendar year by any one organization or on any site.

(Ord. No. 2007-02, § 7, 3-6-07)

§ 23-345. Bed and breakfast establishments.

Latest version.

A bed and breakfast establishment may be operated in a single-family residence, subject to approval as a special exception use by the planning board pursuant to section 23-216 and in accordance with the requirements of this section.

a. The facility shall be owner-occupied and managed with the resident manager having at least fifty (50) percent ownership interest in the property.

b. A maximum number of four (4) guest rooms shall be permitted.

c. A bed and breakfast establishment is limited to one wall sign not exceeding six (6) square feet in size or one ground sign not exceeding six (6) square feet in size and five (5) feet in height. Sign design shall be consistent with the architecture of the building. Such signs shall not be internally lit, but may be illuminated by a spotlight.

d. A floor plan showing dimensions of all guest rooms shall be submitted with the application for a special exception use permit for review and recommendation from the building official and fire marshall prior to consideration of any special exception use permit for a bed and breakfast by the planning board. Inspection of the premises by the city will be required.

(Ord. No. 2007-02, § 8, 3-6-07)

§ 23-346. Boarding houses.

Latest version.

Boarding houses may be permitted only in those zoning districts where they are designated as a special exception use (see Table 23-421).

a. Living quarters for the resident manager shall be provided; such quarters may include a kitchen.

b. Centralized facilities to provide meals for the occupants may be provided; however, meals shall be provided only for boarders and not for the general public.

c. A floor plan showing dimensions of all rooms within the boarding house shall be submitted with the application for a special exception use permit for review and recommendation from the building official and fire marshal prior to consideration of any special exception use permit for a boarding house by the planning board. Inspection of the premises by the city will be required.

d. Signage shall comply with the requirements for multi-family buildings as set forth in section 23-526

§ 23-347. Day care.

Latest version.

Day care establishments are defined in Article VIII and by Florida statutes and codes. A "day care home" usually provides care for four (4) or fewer individuals and isa permitted accessory use to a single-family house pursuant to section 23-521. A "day care center" usually provides care to more than four (4) individuals and is permitted as indicated on Table 23-421.

a. Site plan review is required for the establishment of any day care home or day care center for the purpose of ensuring adequate parking and safe traffic circulation. Prior to the final approval of a site plan for such a facility, a copy of the state license for the facility/provider must be provided to the administrative official.

b. A day care home is permitted to have one wall sign not exceeding six (6) square feet in size or one ground sign not exceeding six (6) square feet in size and five (5) feet in height. Day care centers shall comply with the sign regulations set forth in Table 23-545

c. Outdoor play areas shall be screened from adjoining properties and from streets as set forth in section 23-307

d. Adequate and safe drop-off/pick-up areas for vehicles shall be provided.

e. A floor plan showing dimensions of all rooms to be used for the day care operation shall be submitted with the application for review and recommendation from the building official and fire marshall prior to the approval of any site plan for a day care facility. Inspection of the premises by the city will be required.

(Ord. No. 2007-02, § 9, 3-6-07)

§ 23-348. Home Based Businesses

Effective: Tuesday, August 2, 2022

a. The purposes of this section are to:

1. Permit the residents of the City of Lake Wales a choice in the use of a limited area of their home as a place of livelihood and the production or supplementing of personal and family income;
2. Permit no-nuisance commercial businesses within residences while maintaining a residential area or neighborhood without excessive noise, light, or other nuisances that undermine the purpose and character of the residential district;
3. Protect residential properties from any adverse impacts associated with home-based businesses;
4. Ensure that the rights of neighbors and other residents are not compromised by intrusive, hazardous, or environmentally degrading business activities;
5. Protect residential property values;
6. Permit “Cottage Food Operations” consistent with the provisions of the “Home Sweet Home Act” (Chapter 500, F.S.);
7. Ensure consistency with Section 559.955, F.S. (Home-based businesses); and
8. Establish performance criteria and standards for home-based businesses that will provide fair and equitable administration and enforcement of this section.

b. Home-based businesses shall include the following types or categories of activities:

1. Home occupation – a business, personal services, digital services, professional services, on-line teaching or training to individuals or groups, computer services such as repair or assembly, an occupation or trade conducted by the occupant of a dwelling as a secondary use. Usually conducted in a home office space, studio or defined workspace.
2. Telecommuting/Telework – a “work at home” arrangement between an employer and employee for performing work at a location other than the primary work location, such as at the home of an employee, and sending and receiving material by phone, email or other electronic means.
3. Cottage Food Operation – a natural person or entity that produces or packages cottage food products at the residence of the natural person or at the residence of a natural person who has an ownership interest in the entity, and sells such products in accordance with Section 500.08, F.S. (Chapter 500, F.S.)
4. Home-based cottage industry – a small-scale, light manufacturing business carried on at home by family members using their own equipment. Typically referred to as handmade, handcrafted or artisan items made using hand tools, mechanical tools and electronic tools for the manufacture of finished products or parts that are valued for their uniqueness, handmade qualities, artistic value or traditional characteristics.

c. A home-based business shall be allowed in any residence provided such home-based business is clearly incidental and secondary to the use of the dwelling as a residence and provided there are no external appearance of a business or commercial activity. Any person operating a home-based business is required to obtain a local business tax receipt pursuant to Chapter 19 of the Lake Wales Code of Ordinances.

1. Employment:

i. The home-based business shall be conducted by a member of the immediate family residing on the premises and up to a maximum of two (2) non-resident employees or independent contractors on-site at any time. [§559.955(3)(a), F.S.]
ii. A cottage food operation may employ a person who does not reside on the premises provided the residence is occupied by a person who has an ownership interest in the home-based business. [§500.03(j), F.S.]
iii. The home-based business may have additional remote employees that do not work on premise at the residential dwelling.

2. Location and area:

i. Regardless of the location of the home-based business, the principal dwelling unit on the property shall be the bona fide residence of the home-based business practitioner. The home-based business shall be clearly incidental and secondary to the property’s use for residential purposes.
ii. The floor area devoted to a home-based business shall not exceed twenty-five (25) percent of the gross floor area of conditioned air space of the dwelling.
iii. A home-based business may be conducted from a completely enclosed accessory structure with the approval of a special exception use permit pursuant to the requirements of Section 23-216 of this Code.

3. Outward Appearance: As viewed from any travelway, the use of the residential property shall be consistent with the uses of any surrounding residential uses. Outdoor storage, displays or equipment associated with a home-based business other than those that are customarily associated with a residential use are prohibited. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood.

4. Customers and clients: Visits to the premises by customers and clients of the home-based business shall occur only by scheduled appointment and no more than two (2) customers or clients may visit the premises at one time.

5. Signage: One non-illuminated business identification sign, mounted flush to the dwelling unit and not more then two (2) square feet in area shall be allowed.

6. Nuisances: A home-based business shall not create noise, vibration, glare, fumes, odors, dust, heat, or smoke.

7. Electronic Interference: No equipment, electrical devices or processes shall be used which may cause electromagnetic disturbances, electrical interference or create visual or audible interference in any radio, television, or satellite receiver or telephone, which violates FCC standards, or which causes fluctuation in off-site voltages.

8. Hazardous Substances: No highly toxic, explosive, flammable, combustible, corrosive, radioactive, volatile organic chemical compounds or similar hazardous materials shall be used, stored, or manufactured on the premises in amounts exceeding those which are typically found in normal residential use. No chemicals or chemical equipment shall be used or stored, except those that are used for domestic or normal household purposes.

9. Vehicle Traffic: Traffic generated by the proposed use must not negatively impact the safety, ambiance and characteristics of the residential area or neighborhood. Any increase to existing traffic created by the home-based business shall not exceed ten (10) additional trips per day. Based on the assumption that a single-family residence generated ten (10) vehicle trips per day, and residence with a home-based business will not exceed a total of twenty (20) vehicle trips per day.

10. Truck traffic: Delivery and shipping of merchandise, goods, or equipment, to the site of the home-based business shall be made by a vehicle typically employed in residential deliveries and shipping, such as, passenger vehicles, mail carriers, or step vans (i.e. UPS, Federal Express, etc.). No deliveries or shipping to the site of the home-based business by semi-tractor/trailer truck or vehicles having more than two (2) axles shall be permitted. Deliveries of any kind shall not exceed one (1) per day.

11. Parking:

i. Home-based businesses shall provide adequate parking spaces for any and all anticipated increase in vehicles at the dwelling including residents, employees, visitors, clients and customers of the home-based business. Such parking shall be provided in a manner and style that does not diminish the residential quality of the surrounding area and does not create adverse parking impacts on the adjacent street or properties.
ii. All vehicles shall be parked within the driveway or in a designated parking space(s) that is located on the lot of the home-based business other than a required front yard and not within the road right-of-way unless on-street parking is legally authorized.
iii. Sufficient lane widths on the adjacent roadway shall be maintained free of parked vehicles for the safe flow of through traffic.
iv. Vehicles shall not be parked over a sidewalk or on any unimproved surfaces at the residence.

12. Sales of services or products:

i. Retail sales on-site shall be made by appointment only and are limited to services which are provided on-site; goods which are manufactured, assembled, or grown on site; or products which are directly related to the goods or services rendered by the home-based business.
ii. There shall be no sales of services or products on the premises which are not provided or produced on the premises, except those sales which are incidental to the business.
iii. The home-based business and the address of the premises shall not be advertised in such a manner that would encourage customers or salespersons to come to the property without an appointment.
iv. A cottage food operation may sell, offer for sale, and accept payment for cottage food products over the Internet or by mail order. Such products may be delivered in person directly to the customer, or a specific event venue, or by United States Postal Service or commercial mail delivery service. A cottage food operation may not sell, offer for sale, or deliver cottage food products at wholesale. [§500.80(2), F.S.]
v. All other retail or wholesale sales shall be made via telephone, Internet, or mail order. Products shall be delivered in person directly to the customer, a specific event venue, by United States Postal Service or a commercial delivery service.

13. Prohibited Business Activities: The following shall not be permitted as a home-based business:

i. Music instruction for groups of more than two (2) clients or students at one time;
ii. Group consultation or giving group instruction of any type for more than two (2) people at one time;
iii. The use of any machinery, tools, or equipment that in scale, size or numbers beyond what is typically found in a home;
iv. Beauty shop/salon or barbershop
v. Private club;
vi. Antique or gift shop;
vii. Commercial kennel;
viii. Nursery school or pre-school;
ix. Public dining facility or tearoom;
x. Automotive work of any type, including that of recreational vehicles; and Repair of equipment that takes place outdoors.

(Ord. No. 2006-47, § 3, 12-5-06; Ord. No. 2008-45, § 14, 12-16-08; Ord. No. 2022-36, § 1, 8-02-22)

§ 23-350. Laundromats.

Latest version.

Laundromats shall be entirely inside a building unless a special exception permit pursuant to section 23-216 is approved for a laundromat or a portion of a laundromat to be open to the parking area.

§ 23-351. Newsracks/modular newsracks.

Latest version.

Any newsrack on private land is subject to the provisions of this section. Newsracks on public property shall comply with the provisions of chapter 18, sections 18-61 through 18-63.

a. Placement of a newsrack on private property requires site plan approval in accordance with section 23-222 to ensure the safety of pedestrian and vehicular traffic.

b. No single newsrack shall exceed fifty-four (54) inches in height, thirty (30) inches in width or twenty-four (24) inches in depth.

c. Newsracks may be clustered together and chained or otherwise attached to each other; however, no more than four (4) newsracks may be attached or chained together in a cluster. At least eighteen (18) inches must separate clusters.

d. No newsracks shall be placed, installed, used or maintained within three (3) feet of any marked crosswalk, within fifteen (15) feet of the curb return of an unmarked crosswalk, within three (3) feet of any fire hydrant, within three (3) feet of any driveway, within three (3) feet of any display window of a building abutting a sidewalk, or at any location whereby the passageway of pedestrians is reduced to less than three (3) feet.

e. Every newsrack shall be constructed, installed and maintained in a safe and secure condition.

f. Each newsrack shall have fixed to it, in a readily visible place, the telephone number of a working telephone service to call to report a malfunction or the secure a refund in the event of a malfunction of the newsrack.

§ 23-352. Nursing care homes.

Latest version.

A nursing care home is an institution, building, residence, or private home providing nursing or personal care on a long-term basis for four (4) or more elderly or disabled persons, but not primarily for the acutely ill. Nursing care homes shall comply with the provisions of this section in addition to all other applicable provisions of these land development regulations and any conditions imposed as part of a special exception permit.

a. To be eligible to apply for a special exception permit, a property proposed for a nursing home must have a minimum of seven thousand five hundred (7,500) square feet in area, except that property proposed for a residential treatment facility must be a minimum of ten thousand (10,000) square feet in area.

b. The following shall also apply:

1. Interior living space required: Two hundred (200) square feet of living space per resident, not including any area reserved for resident staff, plus a minimum of eighty (80) square feet of sleeping area in each single occupancy sleeping room and a minimum of sixty (60) square feet of sleeping area in each multiple occupancy sleeping room.

2. A full bathroom with toilet, sink and tub or shower shall be provided for each five (5) residents.

3. No signs are permitted in residential zones unless otherwise allowed as part of the special exception permit. In non-residential districts, section 23-545 shall apply.

4. A landscaped buffer of at least ten (10) feet in width shall be provided along all property lines and streets adjoining the property. The buffer shall be landscaped with landscaping materials and a tree every fifty (50) feet, as defined in section 23-307

5. A residential treatment facility abutting a residential area, whether or not the area is residentially zoned, must provide, adjacent to the residential use, a thirty-five-foot buffer that includes the ten-foot landscaped buffer required above.

§ 23-353. Outdoor seating area.

Effective on Wednesday, September 7, 2022

The addition of an outdoor seating area (see definition) to an establishment is considered an expansion of the use and must comply with the applicable district regulations and a site plan for the expansion must be approved pursuant to section 23-222. The following regulations shall apply:

a. The number of outdoor seats and tables shall be limited to that number which can be reasonably accommodated in the proposed outdoor seating area. Clear pedestrian access a minimum of thirty-six (36) inches in width shall be maintained at all times, and no seating or tables shall interfere with ingress/egress of buildings or create an unsafe situation for pedestrians.

b. Outdoor seating on public sidewalks—Additional requirements:

1. Approval for outdoor seating on public sidewalks may be granted by the Administrative Official in the Downtown Historic Overlay only. Approval by the city commission upon recommendation of the planning board is required for outdoor seating on public sidewalks in all other areas. (See also regulations on service of alcoholic beverages in outdoor seating areas on public sidewalks in section 23-342 and in chapter 5.)

2. Adjacent sidewalk areas, even if not located directly in front of the associated storefront, may be considered on an individual basis, when the affected storefront owner does not object.

3. The sidewalk cafe owner/operator shall remove from the sidewalk and place out of public view any seating or tables when the business is closed, or when an authorized agent of the city makes such a request.

4. Outdoor seating shall be properly maintained for safety and cleanliness by the owner/operator on a daily basis. Litter, dirt, grease, grime and food shall not be permitted to accumulate at any time.

5. An indemnity agreement, available from the administrative official, shall be signed and provided by the outdoor seating owner/operator, along with proof of public liability insurance as approved by the city attorney.

(Ord. No. 2011-04, § 2, 3-1-11; Ord. No. 2022-37, § 1, 9-7-22)

§ 23-354. Tower and telecommunication facilities.

Effective: Tuesday, January 19, 2016

Sec. 23-354.1 Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section:

Accessory use means a building, structure or use on the same lot and of a nature customarily incidental and subordinate to the principal building or use.

Administratively approved uses means specific uses listed in section 23-354.5 of this article which require an administrative review by the city.

Alternative tower structure means a man-made tree, clock-tower, church steeple, light pole or similar alternative-design mounting structure that camouflages, conceals, or minimizes the presence of an antenna or tower.

Antenna means any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

Application means all written documentation, verbal statements and representations in whatever form made by the applicant to the city concerning a request by the owner of the property within the city (or his agent) to develop, construct, build, modify or erect a tower and telecommunications facilities upon such property.

Co-location means the use of a single structure or mount to support the antennas of more than one (1) communications service provider.

Existing towers and antennas means any tower and/or antenna, either inside or outside the city limits, existing on the effective date of this ordinance.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or structure.

Land use classification means a land use classification as defined in the adopted City of Lake Wales Comprehensive Plan.

Monopole tower means a tower consisting of a single pole or spire self-supported by a permanent foundation and constructed without guy wires and ground anchors.

Nonconforming towers and antennas means any existing tower, antenna or antenna structure that does not comply with this ordinance at the time of adoption.

Occupied means utilized as a dwelling unit or as a place to conduct commercial, industrial, professional, institutional or governmental activities on a regular and consistent basis.

Permitted uses means specific permitted uses as listed in section 23-354.4 of this article.

Principal use means the building(s) or structure(s) containing the principal use of the lot.

Public thoroughfare means any vehicular or pedestrian way that (1) is an existing state, county or municipal roadway; or (2) is shown upon a plat approved pursuant to law; or (3) is approved by other official action; or (4) is shown on a plat duly filed and recorded in the office of the county recording officer; and includes the land between the street lines, whether improved or unimproved.

Telecommunications facilities means any cables, wires, lines, wave guides, antennas or any other equipment or facilities associated with the transmission or reception of telecommunications. However, the term telecommunications facilities shall not include any satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned industrial or commercial or any satellite earth station antenna one (1) meter or less in diameter, regardless of zoning or land use classification.

Tower means only a monopole tower and includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and the like.

Sec. 23-354.2 Applicability.

a. The provisions of the City of Lake Wales Tower and Telecommunications Facilities Regulations shall apply throughout the corporate limits of the City of Lake Wales except as specifically provided in paragraphs (b) and (c) of this section.

b. The provisions of these regulations shall not apply to any tower or the installation of any tower that is under seventy (70) feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas.

c. The provisions of these regulations shall not apply to communication towers or antennas, approved by the city, which are owned or operated by a governmental agency or political subdivision and primarily used for public health and safety.

Sec. 23-354.3 Prohibitions. The following are prohibited within the city limits of Lake Wales, unless otherwise specified by this ordinance:

a. Self-supporting lattice and guy towers.

b. All uses not specified in this ordinance as permitted, administratively approved, or special exception uses.

c. Towers in the Burns Avenue/Bok Tower viewshed protection area.

d. Telecommunication facilities in the CON future land use classifications.

(Ord. No. 2007-02, § 10, 3-6-07)

Sec. 23-354.4 Permitted uses.

a. Towers and telecommunications facilities are deemed to be permitted uses as follows:

1. IND, LCI, PUB and BPC land use classifications.

A. The construction of a monopole tower up to one hundred sixty-five (165) feet in height, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, is permitted. A monopole tower one hundred sixty-five (165) feet in height shall be engineered and constructed (certified by a registered professional engineer) to accommodate a minimum of two (2) additional service providers. In order to be permitted for the maximum one hundred sixty-five-foot height, the applicant must submit at the time of application, evidence demonstrating that two (2) additional service providers will utilize the monopole tower which is the subject of the application.

B. The construction of a monopole tower up to one hundred forty-five (145) feet in height, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, is permitted. A monopole tower one hundred forty-five (145) feet in height shall be engineered and constructed (certified by a registered professional engineer) to accommodate a minimum of one (1) additional service provider. In order to be permitted for the maximum one hundred forty-five-foot height, the applicant must submit at the time of application, evidence demonstrating that one (1) additional service provider will utilize the monopole tower which is the subject of the application.

C. A single service provider may be permitted for construction of a monopole tower up to one hundred twenty-five (125) feet in height, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna. A monopole tower up to one hundred twenty-five (125) feet in height shall be engineered and constructed (certified by a registered professional engineer) to accommodate a single service provider.

2. Non-residential land use classifications.

A. The installation of an antenna on any existing tower is permitted so long as the addition of said antenna adds no more than twenty (20) feet to the height of the existing tower and provided that such installation shall not include the placement of additional buildings or other supporting equipment used in connection with said antenna.

B. The installation of an antenna on an existing structure other than a tower (such as a building, light pole, water tower, or other free-standing non-residential structure) that is fifty (50) feet in height or greater is permitted so long as said antenna adds no more than twenty (20) feet to the height of the existing structure.

b. The telecommunications facilities listed in this section are deemed to be permitted uses and shall not require an administrative review. All applicants seeking to install or construct new facilities must obtain all necessary local, state, and federal permits and must satisfy the requirements of this ordinance.

(Ord. No. 2007-02, § 10, 3-6-07)

Sec. 23-354.5 Administratively approved uses.

a. The following may be permitted upon administrative review and approval in RAC, CAC, NAC, GC, RO, DD, HDR, MDR, and RR land use classifications:

1. The installation of an antenna on an existing structure other than a tower (such as a building, light pole, water tower, or other free standing nonresidential structure) that is less than fifty (50) feet in height may be administratively approved so long as said antenna adds no more than twenty (20) feet to the height of the existing structure.

2. The installation of an antenna on an existing tower of any height and the placement of additional buildings or other supporting equipment used in connection with said antenna may be administratively approved so long as said antenna adds no more than twenty (20) feet to the height of the existing tower.

3. The installation of any alternative tower structure or camouflaged antenna that blends in with the natural environment may be administratively approved provided the following requirements are met:

A. An alternative tower or camouflaged antenna shall not create additional visual obtrusiveness.

B. An alternative tower or camouflaged antenna shall not make the "host" structure taller than other similar objects in the natural environment.

C. Man-made tree towers shall be designed to resemble a species native to Central Florida and shall be placed in a non-conspicuous location.

D. Section 23-354.7 of this article shall apply to alternative tower structures.

b. The city shall consider the following factors in determining whether to issue an administrative approval:

1. Height of the proposed tower.

2. Proximity of the tower to residential structures and residential district boundaries.

3. Nature of uses on adjacent and nearby properties.

4. Surrounding topography.

5. Surrounding tree coverage and foliage.

6. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

7. Proposed ingress and egress.

8. Availability of suitable existing towers and other structures in accordance with section 23-356.7 of this article.

c. All applicants seeking to install or construct new facilities must obtain all necessary local, state, and federal permits and must satisfy the requirements of this ordinance.

Sec. 23-354.6 Special exception uses.

a. Special exception review and approval shall occur in accordance with section 23-216 of these land development regulations. The following may be permitted upon special exception review and approval in the Low Density Residential land use classification:

1. The installation of an antenna on an existing structure other than a tower (such as a building, light pole, water tower, or other free-standing non-residential structure) that is less than fifty (50) feet in height may be permitted upon special exception review and approval so long as said antenna adds no more than twenty (20) feet to the height of the existing structure.

2. The installation of an antenna on an existing tower of any height and the placement of additional buildings or other supporting equipment used in connection with said antenna may be permitted upon special exception use and approval so long as said antenna adds no more than twenty (20) feet to the height of the existing tower;

b. The city shall consider the following factors in determining whether to issue a special exception use approval:

1. Height of the proposed tower.

2. Proximity of the tower to residential structures and residential district boundaries.

3. Nature of uses on adjacent and nearby properties.

4. Surrounding topography.

5. Surrounding tree coverage and foliage.

6. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

7. Proposed ingress and egress.

8. Availability of suitable existing towers and other structures in accordance with section 23-354.7 of this article.

c. All applicants seeking to install or construct new facilities must obtain all necessary local, state, and federal permits and must satisfy the requirements of this ordinance.

Sec. 23-354.7 Administration, documentation, and co-location.

a. Permits and fees. It shall be unlawful for any property owner, contractor or communications service provider to erect, construct, alter or relocate within the city any communications facility without first obtaining a permit and making payment of the required fees.

b. Required documentation (all uses). Each applicant shall apply for a building permit and must provide the following information:

1. Site plan. A scaled site plan and a scaled elevation view with supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed necessary by the city to assess compliance with this ordinance.

2. Co-location statement. A statement of intent that co-locators will be permitted in cases where facilities are required or proposed to accommodate more than one (1) provider. The positions of anticipated co-locator antennas on the mount and the space provided for co-locator equipment shelters shall be shown on all site plans and elevations. A statement demonstrating compliance with the provisions of subsection 23-354.4(a)(1) in cases where facilities are required or proposed to accommodate more than one (1) provider.

3. Polk County Airport Zoning Regulations statement. A statement certifying that, as proposed, the facility complies with the Polk County Airport Zoning Regulations.

4. Existing structures report (new towers only). A report inventorying the available structures, including water towers and utility poles, within the applicant's search area which may serve as alternatives to the proposed tower. The report shall evaluate why the proposed facility cannot be accommodated on such existing structures.

c. Co-location. No new tower or antenna shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the administrative official that no existing tower or structure can accommodate the applicant's proposed tower or antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed tower or antenna may document any of the following:

1. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

2. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

3. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

Sec. 23-354.8 General requirements.

a. Height restrictions. Towers are exempt from the maximum building height restrictions of the zoning districts in which they are located. Towers shall be permitted to a height of one hundred twenty-five (125) feet except as otherwise provided in this section.

b. Aesthetics. The following regulations shall apply:

1. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness. Towers not requiring FAA painting or marking shall have a galvanized finish or be painted a non-contrasting blue grey or black finish. The color should be selected so as to make the equipment as visually unobtrusive as possible.

2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

c. Lighting. Towers shall not be artificially lighted unless required by the FAA or other applicable regulatory authority. If lighting is required, the city will review the available lighting alternatives and approve the design that will cause the least disturbance to the surrounding views.

d. Federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate communications towers and antennas.

e. Building codes and safety standards. To ensure the structural integrity of communications towers, the owner of a tower shall ensure that it is maintained in compliance with all standards contained in the applicable local building codes.

f. Signage. No commercial sign or advertising shall be permitted on a tower or supporting facilities unless otherwise required by law. This prohibition shall not apply to "no trespassing" signs.

g. Existing and nonconforming towers and antennas. All towers existing on the effective date of this ordinance shall be allowed to continue in use as they exist at that time. Routine maintenance shall be permitted on such existing towers, except as provided herein. New construction other than routine maintenance on an existing tower shall comply with the requirements of this ordinance. Nonconforming towers and antennas must be removed, changed, or altered to conform to the provisions of this ordinance within ten (10) years after the effective date of this ordinance.

h. Airport zoning requirements. All tower structures shall comply with the regulations as set forth in Polk County's Airport Zoning Regulations.

Sec. 23-354.9 Setbacks and separation requirements. The following setbacks and separation requirements shall apply to all new towers and their supporting facilities:

a. Monopole towers shall be separated from all other towers by a minimum of one thousand five hundred (1,500) feet.

b. All towers shall be separated from all residentially used or zoned property by a minimum of two hundred (200) feet or a distance equal to two hundred (200) percent of the base height of the proposed tower, whichever is greater. The setback may be reduced to a distance equal to one hundred (100) percent of the base height of the tower provided that a waiver is secured from each affected property owner and the reduced setback is administratively approved by the administrative official.

c. All towers shall maintain a 1.5:1 setback-to-base height ratio from any public thoroughfare.

d. All towers shall maintain a 1.5:1 setback-to-base height ratio from any occupied structure.

Sec. 23-354.10 Site improvements.

a. Towers shall be enclosed by security fencing not less than six (6) feet in height, and shall be equipped with an appropriate anti-climbing device.

b. Landscaping shall be installed on the outside of any fence and shall be of a sufficient height and density, upon planting, to screen the fence.

c. Property upon which a tower is located must provide access to at least one (1) paved on-site vehicular parking space.

Sec. 23-354.11 Abandoned towers and antennas. In the event that the use of any communications tower or communications antenna has been discontinued for a period of one hundred eighty (180) consecutive days, the tower or antenna shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower or antenna shall have an additional one hundred eighty (180) days within which to reactivate the use, transfer the ownership/operation to another actual user, or dismantle the tower. The owner of the real property shall be ultimately responsible for all costs of dismantling and removal, and in the event the tower is not removed within one hundred eighty (180) days of abandonment, the city may initiate legal proceedings to do so and assess the costs against the real property.

Sec. 23-354.12 Appeals. Decisions made in the administration of this ordinance may be appealed in accordance with procedures established in section 23-244 of these land development regulations.

(Ord. No. 2016-01, § 6, 01-19-16)

§ 23-355. Communications Facilities in the Public Right-of-Way

Effective: Tuesday, April 17, 2018

Sec. 23-355.1 Definitions.

The following words and phrases shall have the meanings respectively ascribed to them:

(1) Antenna shall mean communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services.

(2) Applicant shall mean a person who submits an application and is a wireless provider.

(3) Collocate or collocation shall mean to install, mount, maintain, modify, operate, or replace one or more wireless facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does not include the installation of a new utility pole or wireless support structure in the public rights-of-way.

(4) Communication Services means the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals, including video services, to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance, as per Florida Statutes § 202.11, as amended. The term includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such service is referred to as voice-over-Internet-protocol services or is classified by the Federal Communications Commission as enhanced or value-added. The term does not include:

(a) Information services.

(b) Installation or maintenance of wiring or equipment on a customer’s premises.

(d) The sale of advertising, including, but not limited to, directory advertising.

(e) Bad check charges

(f) Late payment charges

(g) Billing and collection services

(h) Internet access service, electronic mail service, electronic bulletin board service, or similar on-line computer services.

(5) Communication Services Provider shall mean a person who provides Communication Services and is chartered by the State of Florida, pursuant to Florida Statutes § 362.01, as amended. A certificate to provide Competitive Local Exchange Telecommunications (CLEC) service to provide Alternative Access Vender (AAV) services granted by the Public Service Commission does not grant the right to provide Wireless Services.

(6) Communications Facility a facility that may be used to provide Communications Services, including Wireless Facilities, Small Wireless Facilities, Micro Wireless Facilities, and Utility Poles that contain communications elements. Multiple cables, conduits, strands, or fibers located within the same conduit shall be considered one Communications Facility for purpose of this Section.

(7) City Rights-of-Way means the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, avenue, boulevard, drive, concourse, bridge, tunnel, park, parkway, waterway, dock, bulkhead, pier, easement, public easement, or similar property in the City, in which the City holds a property interest or over which the City exercises legal control, and for which the City may lawfully grant a right of use to any person for placement of any equipment or facility or similar use. The term “City Rights-of-Way”, shall not include any other property owned or controlled by the City, including any building, fixture, structure, or other improvement, regardless of whether it is situated in the City Rights-of-Way.

(8) Emergency means a condition which poses clear and immediate danger to the life, safety, or health of one or more persons, or poses clear and immediate danger of significant damage to property.

(9) Emergency Action means any action in the public right-of-way, including repair, replacement, or maintenance of any existing equipment, which is necessary to alleviate an emergency.

(10) Equipment or Facility means any line, conduit or duct, utility pole, transmission or distribution equipment (e.g., an amplifier, power equipment, optical or electronic equipment, a transmission station, switch or routing equipment), cabinet or pedestal, handhole, manhole, vault, drain, location marker, appurtenance, or other equipment or facility associated with communication services located in the City Rights-of-Way.

(11) Micro Wireless Facility shall mean a Small Wireless Facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any no longer that 11 inches.

(12) Routine Maintenance or Repair shall mean:

(a) Ordinary upkeep, fixing, mending, replacement, or removal of any existing Wireless Facility, Wireless Support Structure, or Utility Pole; or

(b) Installation of a service connection to the premises of a customer.

However, routine maintenance or repair shall not include any work which involves:

(a) Any excavation in the City Rights-of-Way or making any breaks or cut in the surface of the public right-of-way;

(b) Any installation of a new Utility Pole or extension of an existing Utility Pole;

(c) Any installation of a Communications Facility, Wireless Facility, or Wireless Support Structure on any paved surface or other ground-level location in the City Rights-of-Way;

(d) Any modification, impairment, or disturbance of the normal flow of vehicular or pedestrian traffic or use of the City Rights-of-Way by any other person for 30 minutes or more; or

(e) Any activity which may result in any damage to the City Rights-of-Way or any other City property.

(13) Small Wireless Facility shall mean a Wireless Facility that meets the following qualifications:

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

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

(14) Utility Pole shall mean a pole or similar structure that is used in whole or in part to provide Communications Services or for electric distribution, lighting, traffic control, signage, or similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure fifteen (15) feet in height or less.

Sec. 23-355.2 General Permitting Requirements.

(1) Applicability. The provisions of the Section shall apply to City Rights-of-Way. The placement of Communications Facilities within City Rights-of Way shall in all cases be subject to the discretionary City Rights-of-Way permit process in accordance with Lake Wales Land Development Regulations.

(2) Permits Required. Except for those exempt activities specifically listed below, it shall be unlawful for any person to make any excavation in the City Rights-of-Way, make any break or cut in any surface of the City Rights-of-Way, place any equipment or facility in the City Rights-of-Way, modify or remove any equipment or facility, or perform any other work in the City Rights-of-Way, without first obtaining a written permit from the City.

(3) Exemptions. The following activities are exempt from the requirements of the Section:

(a) Emergency Actions, but the City reserves authority to require an after-the-fact permit;

(b) Routine Maintenance and Repair of Communications Facilities, Wireless Facilities, Small Wireless Facilities, Micro Wireless Facilities, Wireless Support Structures, or Utility Poles authorized to be located within the City Rights-of-Way.

(c) Installation, construction, or modification of Communications Facilities, Wireless Facilities, Small Wireless Facilities, Micro Wireless Facilities, Wireless Support Structures, or Utility Poles by governmental entities or approved as part of a government-initiated project within the City Rights-of-Way.

(d) Placement or operation of Communications Facilities in the rights-of-way by a Communications Services Provider authorized by state law to operate in the rights-of-way. Under Section 362.01, Florida Statutes, any telegraph or telephone company charted by this or another state, or any individual operating or desiring to operate a telegraph or telephone line, or lines, in this state, may erect posts, wires and other fixtures for telegraph or telephone purposes on or beside any public road or highway; provided, however, that the same shall not be set as to obstruct or interfere with the common uses of said roads or highways.

(4) Emergency Action. Any person who performs work in the City Rights-of-Way in connection with an Emergency Action without a permit shall immediately notify the City of the Emergency Action. The person shall cease all work immediately upon completion of Emergency Action. The person shall also cease all work immediately upon receipt of a City stop work order determining the situation does not involve an emergency or that the Emergency Action is no longer warranted.

(5) Revocation. The City may revoke any permit granted pursuant to the Section, without refunding any fees, if it finds that an Applicant has not complied with applicable law, including provision of a permit, the Code, or any franchise, license, or other authorization, or that revocation is necessary to protect the public health, safety, or welfare.

Sec. 23-355.3 Registration Requirements.

(1) Registration Required. Any Communications Services Provider, Wireless Provider, or Wireless Infrastructure Provider that places or seeks to place facilities in the City right-of-way shall register.

(2) Registration Information. Any Communications Services Provider, Wireless Provider, of Wireless Infrastructure Provider shall provide the following information to the Administrative Official in a format acceptable to the City:

(a) name of registrant;

(b) name, address, telephone number, and electronic mail address of a contact person for the registrant;

(c) the number of the registrant’s current certificate of authorization issued by the Florida Public Service Commission, the Federal Communications Commission, or the Department of State; and

(d) proof of insurance or self-insuring status adequate to defend and cover claims.

Sec. 23-355.4 Permitting Requirements for Small Wireless Facilities.

(1) Alternate Location Review. Upon receipt of a permit application to install a Small Wireless Facility, the Administrative Official shall have thirty (30) days to review the application to determine whether the proposed Small Wireless Facility shall be placed on an alternative Utility Pole or may place a new Utility Pole. In making such a determination, the Administrative Official shall consider the following objective design standards and reasonable spacing requirements for ground-based equipment:

(a) All Small Wireless Facilities shall use camouflage techniques which incorporate architectural treatment to conceal or screen their presence from public view through design to unobtrusively blend in aesthetically with the surrounding environment.

(b) New and replacement Wireless Support Structures and Utility Poles that support Small Wireless Facilities shall match the style, design, and color of existing Utility Poles in the surrounding area. Further, all Wireless Support Structures and Utility Poles shall meet current safety standards in all applicable Codes.

(c) Ground-based equipment boxes for Small Wireless Facilities must be located in areas with existing foliage or another aesthetic feature to obscure the view of the equipment box. Additional plantings may be required to meet this condition. Any new landscaping in the City right-of-way must be approved by the Administrative Official, who may require a Landscape Maintenance Agreement to be executed prior to approval.

(d) With the exception of electric meters and disconnect switches, equipment such as back-haul components shall not be mounted on the exterior of the pole.

(e) No exposed wiring or conduit is permitted.

(f) The grounding rod may not extend above the top of sidewalk and must be place in a pull box, and the ground wire between the pole and ground rod must be inside an underground conduit.

(g) All pull boxes must be vehicle load bearing, comply with FDOT Standard specification 635 and be listed on the FDOT Approved Products List. A concrete apron must be installed around all pull boxes not located in the sidewalk. No new pull boxes may be located in pedestrian ramps.

(2) Alternate Location Negotiation. The Administrative Official shall negotiate any alternate location with the Applicant. If an agreement is not reached within thirty days after the date the Administrative Official requests an alternate location, the Applicant must notify the Administrative Official of such non-agreement and the Administrative Official must grant or deny the original application within 90 days after the date the application was filed. A request for an alternate location, and acceptance of an alternate location, or a rejection of an alternate location must be in writing and provided by electronic mail. Additionally, the design standards may be waived by the Administrative Official upon a showing by the Applicant that the design standards are not reasonably compatible for the particular location of a Small Wireless Facility or that the design standards impose an excessive expense. The waiver shall be granted or denied within thirty (30) days after the date of request.

(3) Height Limitations for Small Wireless Facilities. The height of Small Wireless Facilities shall not exceed ten (10) feet above the Utility Pole, or Wireless Support Structure on which the Small Wireless Facility is to Collocated.

(4) Height of Utility Poles. The height of a new Utility Pole is limited to the tallest existing Utility Pole as of January 1, 2018, located in the same right-of-way, other than a Utility Pole for which a waiver has previously been granted, measured from grade in place within 500 feet of the proposed location of the Small Wireless Facility. If there is no Utility Pole within 500 feet, the height of the new Utility Pole shall be limited to 50 feet.

(5) Time for Completing Completeness Review of Applications. For applications in which the Administrative Official does not request use of an alternate locations, the Administrative Official must make a determination as to whether an application is complete within 14 days. If an application is deemed incomplete, the Administrative Official must specifically identify the missing information. An application is deemed complete if the Administrative Official fails to provide notification to the Applicant within 14 days.

(6) Applications Processed on a Nondiscriminatory Basis. The Administrative Official shall process applications on a nondiscriminatory basis. Thus, applications shall be processed on a first-come, first-served basis.

(7) Time for Completing Approval or Denial. The Administrative Official shall grant or deny an application within sixty (60) days after receipt of the application. If the Administrative Official fails to take action on a complete application within 60 days, the application shall be deemed approved. If the Administrative Official elects not to negotiate an alternate location, the Applicant and Administrative Official may mutually agree to extend the review period. The Administrative Official shall grant or deny the application at the end of the extended period.

(8) Effective Life of Approved Permit Application. A permit issued pursuant to an approved application shall remain effective for one year unless extended by the Administrative Official for an additional year. The Administrative Official may only grant a single extension.

(9) Notification of Approval or Denial. The Administrative Official shall notify an Applicant of any approval or denial by electronic mail on the same day a decision is made. If the Administrative Official denies an application, the denial must state in writing the basis for the denial, including specific code provisions on which the denial was based. In the event of a denial, the Applicant may cure the deficiencies identified by the Administrative Official and resubmit the application within 30 days after notice of the denial. The Administrative Official shall approve or deny the revised application within 30 days after receipt or the application is deemed approved. Any subsequent review shall be limited to the deficiencies cited in the denial.

(10) Permitting Criteria. The Administrative Official may deny a proposed Collocation of a Small Wireless Facility in the City Right-of-Way if the proposed Collocation:

(a) materially interferes with the safe operation of traffic control equipment;

(b) materially interferes with sight lines or clear zones for transportation, pedestrians, or public safety purposes;

(c) materially interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement;

(d) materially fails to comply with the most current edition of the Florida Department of Transportation Utility Accommodation Manual; and

(e) materially fails to comply with any Applicable Codes.

(11) Collocation on City Utility Poles. Collocation of Small Wireless Facilities on City Utility Poles shall meet the following requirements:

(a) The City may not enter into an exclusive arrangement with any person for the right to attach equipment to City Utility Poles.

(b) The rates and fees for Collocation on City Utility Poles must be nondiscriminatory, regardless of services provided by the Collocating person.

(d) Agreements between the City and Wireless Providers that are in effect on January 1, 2018, and that relate to the Collocation of Small Wireless Facilities in the City right-of-way, including the collocation of Small Wireless Facilities on City Utility Poles, remain in effect, subject to application of termination provisions.

(12) Attestation of Wireless Services. A Wireless Infrastructure Provider must include within its application to place a Utility Pole in the City right-of-way an attestation that the Small Wireless Facility will be used by a Wireless Services Provider for the provision of Communication Services within 9 months of the date of the application is approved. In the event a Wireless Services Provider fails to provide Communications Services with the 9 months, the City may begin proceedings for revocation.

(13) Historic Preservation. The City may require an Applicant to obtain a Certificate of Appropriateness from the Historic Preservation Board under Section 23-653 of the Code where an application may impact an Historic Resource, as that term is defined under this Chapter.

(14) Privately-Owned Utility Poles. Nothing in this section authorizes a person to Collocate or attach Wireless Facilities, including any Antenna, Micro Wireless Facility, or Small Wireless Facility, on a privately owned Utility Pole, a Utility Pole owned by an electric cooperative or a municipal electric utility, a privately-owned Wireless Support Structure, or other private property without the consent of the property owner.

(15) Limitation on Permitting of Small Wireless Facilities. Any permit approval by the City for the installation, placement, maintenance, or operation of a Small Wireless Facility under this section does not authorize the provision of any voice, data, or video Communications Services or the installation, placement, maintenance, or operation of any Communications Facilities other than Small Wireless Facilities in the City rights-of-way.

Sec. 23-355.5 Permitting Requirements for New Communications Facilities, Wireless Facilities, and Wireless Support Structures.

(1) Permits Required. Unless otherwise governed by the exemptions in Sec. 23-355.2(3) or the permitting requirements for Small Wireless Facilities outlined in Sec.23.355.4, new Communications Facilities, Wireless Facilities, and Wireless Support Structures in City rights-of-way shall meet the following permitting requirements, as determined by the Administrative Official using the best professional judgement, which may include consultation with the City Engineer, or other appropriate City staff:

(a) All new Communications Facilities, Wireless Facilities, and Wireless Support Structures shall be located to avoid any physical or visual obstruction to pedestrians or vehicular traffic, or to otherwise create safety hazards to pedestrians, bicyclists, or motorists.

(b) The separation distance between new and existing Communication Facilities, Wireless Facilities, and Wireless Support Structures shall be a minimum of 120 feet.

(c) New Communication Facilities, Wireless Facilities, and Wireless Support Structures shall avoid being placed in a City right-of-way in Residential or Conservation zoning districts, as defined in this Chapter, to the greatest extent possible. An Applicant shall demonstrate through an engineering analysis why it is unable to locate new Communication Facilities,Wireless Facilities, and Wireless Support Structures outside a Residential or Conservation zoning district.

(d) New Communications Facilities, Wireless Facilities, and Wireless Support Structures shall be located on Collector roadways and Arterial roadways to the greatest extent possible.

(e) New Communication Facilities, Wireless Facilities, and Wireless Support Structures shall maintain a clear zone from the back-of-curb to the inward edge of a Communication Facility, Wireless Facility, or Wireless Support Structure. Unless otherwise determined by the Administrative Official, a minimum six (6) foot wide pedestrian clear zone between back-of-curb and the outward edge of a Communications Facility, Wireless Facility, or Wireless Support Structure.

(f) New Communications Facilities, Wireless Facilities, and Wireless Support Structures shall be located at least ten (10) feet from a driveway and at least thirty (30) feet from the center of existing trees with matured diameter of eight (8) inches or greater.

(g) The size and height of new Communications Facilities, Wireless Facilities, and Wireless Support Structures in the City right-of-way shall be no greater than the maximum size and height of any other Utility Pole, Communications Facility, Wireless Facility or Wireless Support Structure located in the City rights-of-way within 250 feet of the proposed structure.

(h) New Communication Facilities, Wireless Facilities, and Wireless Support Structures shall be placed along side-lot lines and in front of residences, buildings, or places of business.

(i) Any new proposal to construct a new Communication Facility, Wireless Facility, or Wireless Support Structure must first demonstrate why services cannot be Collocated on and existing Communication Facility, Wireless Facility, Wireless Support Structure, or Utility Pole in the City right-of-way.

(2) Design Requirements. New Communications Facilities, Wireless Facilities, and Wireless Support Structures shall meet the following design requirements:

(a) All Communications Facilities shall use camouflage techniques which incorporate architectural treatment to conceal or screen their presence from public view through design to unobtrusively blend in with the surrounding environment.

(b) New and replacement poles that support Communication Facilities shall match the style, design, and color of existing poles in the surrounding area. Further, all poles shall meet current safety standards such as using breakaway connections and the like.

(c) Ground-based equipment boxes must be located in areas with existing foliage or another aesthetic feature to obscure the view of the equipment box. Additional plantings may be required to meet this condition. Any new landscaping in the City right-of-way must be approved by the Administrative Official, who may require a Landscape Maintenance Agreement to be executes prior to approval.

(d) With the exception of electric meters and disconnect switches, equipment such as back-haul components shall not be mounted on the exterior of the pole.

(e) No exposed wiring or conduit is permitted.

(f) The grounding rod may not extend above the top of sidewalk and must be placed in a pull box, and the ground wire between the pole and ground rod must be inside an underground conduit.

(3) Written Application Requirements. No permit shall be issued unless an Applicant submits a written application to the City in accordance with this Chapter. An application for a permit shall be filed in the form and manner specified by the City and contain such information as may be required by the City, including, at a minimum, the information contained in this section. The City may require the Applicant to provide such additional information as the City deems necessary to complete its review of a requested permit. At a minimum, the Applicant shall submit the following information:

(a) The name and address of the Applicant who is requesting the permit and written evidence that such Applicant has legal authority to place, maintain, or remove the Equipment or Facilities covered by the requested permit in the City right-of-way and will own and control all such Equipment and Facilities after completion of construction;

(b) A description of the functions, dimensions, and proposed locations for all Equipment and Facilities covered by the requested permit;

(c) The specific location, depth, dimensions, and length of each proposed new or replacement duct, conduit, or other underground facility and the specific location, depth, dimensions, and height of any utility pole covered by the requested permit;

(d) A description of the manner in which the work covered by the requested permit is to be undertaken (i.e., proposed construction methods and techniques) and a proposed date for commencement of work and an estimate of the time required to complete all such work;

(e) A City approved traffic control plan for vehicular and pedestrian traffic in the area to be affected by the proposed work;

(f) Proof of insurance;

(g) Identification and description of any utility or other distribution or transmission system to which any Equipment or Facility covered by the requested permit is to be connected or attached.

(h) Drawings (in such detail and form as may be specified by the City) which show: (i) City rights-of-way in the area of the proposed construction; (ii) locations of all existing Equipment and Facilities in the area of proposed construction; (iii) all Equipment and Facilities to be installed or removed; (iv) the routes of all transmission and distribution lines to be installed or removed; and (v) the sites of all other Equipment and Facilities to be installed or removed in the City rights-of-way; and

(i) Construction and/or engineering drawings signed and sealed by a structural engineer (in sufficient detail and form as may be specified by the City to demonstrate structural stability of the Communications Facilities) which show the locations of all new Equipment and Facilities in the City which the applicant plans to place in the City rights-of-way in the next 12 months or such other time period as may be specified by the City.

(j) Photographic or video documentation of the condition of the City rights-of-way in the area to be affected by the proposed work pre construction.

(4) Fees. To the extent allowed by state law, the City is authorized to set reasonable fees and charges for the implementation of this Section. Such fees shall be set by resolution. Fees charged will substantially cover the expenditures of administering this Section. No permit shall be granted until such time as all applicable fees are paid to the City.

Sec. 23-355.6 Administrative Variances

(1) Authority to Grant Administrative Variances. The Planning and Development Services Director, or their designee, has the authority to grant an administrative variance up to ten (10) percent of the separation requirements contained herein for replacement of existing or new Communications Facilities, Wireless Facilities or Wireless Support Structures. In making such a determination, the Director shall consider the following:

(a) The permitting standards outlined in this Section.

(b) Any hardship associated with the land, including size, shape, and dimensions of lots, and the presence of protected native habitats as specified by the Comprehensive Plan that affect the configuration of roads on the property.

(d) The technology in use for Communications Facilities.

(e) The current available technology for Communications Facilities.

(f) Any costs associated with upgrading Communications Facilities.

(g) The risk of confusion that may cause or create delay in response time.

(h) All applicable city, state, and federal regulations.

(2) Fees. To the extent allowed by state law, the City is authorized to set reasonable fees and to process an administrative variance application. Such fees shall be set by resolution. Fees charged will substantially cover the expenditures of administering this Section. No administrative variance shall be granted until such time as all applicable fees are paid.

Sec. 23-355.7 Uniform Permit Conditions

(1) Discretion to Include Conditions. The City may include conditions on permits to ensure adherence to the City Code of Ordinances and adequate protection of the public’s health, safety and welfare. These conditions may include, but are not limited to, interim or temporary restoration, patching, or resurfacing of the City right-of-way during the construction period.

(2) Uniform Permit Conditions: All permits issued pursuant to this Section shall contain the following conditions:

(a) The Applicant shall remove any rubbish, excess earth, rock, or other debris arising from or associated with any work performed in the City rights-of-way and any other property affected by such work on a frequent or regular basis (or as specifically directed by the City), to the satisfaction of the City, and the expense of the Applicant.

(b) Unless otherwise specified by the City, the Applicant shall illuminate through use of red lanterns, red lights, or red torches any building material, machinery, motor vehicle, equipment, facility, or other object placed in the City rights-of-way in connection with any work performed in the City rights-of-way, between sunset and sunrise. The permittee shall place illumination at a distance of not more than five (5) feet from each other along the width of any affected portion of the City rights-of-way (or as may otherwise be specified by the City) and not more than 15 feet from each other along the length of the affected portion of the City rights-of-way (or as may otherwise be specified by the City).

(c) Any work performed by the Applicant in the City rights-of-way, including restoration, shall be complete by the completion date specified in the permit or as otherwise specified or provided by the City. Upon completion of the work (or at such time as may be specified by the City if construction is not completed by the completion date or construction is terminated for any reason, including revocation of the permit), the Applicant shall restore the City rights-of-way to a condition which is at least as good as its condition prior to commencement of work. The Applicant shall perform restoration to the City rights-of-way in accordance with any specifications or standards regarding materials or any other matter specified by the City. The City may establish generally applicable restoration standards, which apply unless the City specifies other standards in a particular situation or may establish restoration standards on a case-by-case basis.

(d) If an Applicant fails to restore the City rights-of-way, including any paved surface, curbs, or fixtures, to a condition at least as good as its condition prior to commencement of construction or to complete such restoration work by the completion date specified in the permit or as otherwise specified or provided by the City, the City may perform any work or undertake any other activity which it deems necessary to complete such work and/or restore the City rights-of-way. The Applicant shall reimburse the City for any such costs in an amount equal to the sum of the actual cost of any work or other activity undertaken by the City plus 25 percent of such cost as compensation to the City for general overhead and administrative expense associated with such work and shall pay such costs as directed by the City and not later than 20 calendar days after receipt of a bill.

(e) An Applicant shall guarantee and maintain any City rights-of-way which the City determines has been affected or altered by any excavation in the City rights-of-way or any break or cut in any surface of the City rights-of-way made by such Applicant for the 24 months following the date of completion of restoration of the affected or altered City rights-of-way either by the Applicant or by the City. Such Applicant shall take such action as the City deems necessary to correct any deficiencies in such restoration work within such 24-month period, shall commence such action not later than five calendar days after receipt of notice from the City or such other date as may be specified by the City, and complete such action promptly but not later than the date or any other deadline established by the city. The City may elect to perform any such work itself or undertake any other activity, which it deems necessary to correct any such deficiency during such 24-month period. Such Applicant or person shall be liable to the City for any costs incurred in connection with any such corrective action in an amount equal to the sum of the actual cost of any work or other activity undertaken by the City and shall make pay such costs as directed by the City and not later than 20 calendar days after receipt of a bill.

(f) An Applicant must provide photographic or video documentation of the condition of the City rights-of-way in the area affected by the proposed work post construction.

(g) An Applicant must provide as-built drawings (in such detail and form as may be specified by the City) which show the locations of all the Applicant’s existing equipment and facilities in the City.

(h) No Applicant may permanently activate or place in service any Equipment or Facility in the City rights-of-way until such time as the City has approved such activation from the City. The Applicant provide notice of completion of construction of such Equipment or Facility.

Sec. 23-355.8 Inspections

The City may conduct any inspection it deems necessary to administer and enforce this Section or any other City Codes, ordinances, or regulations, or to enforce the conditions of any permit granted, or to enforce related regulations or policies. The City may order a work stoppage or revoke a permit, as it deems necessary in the case of failure to comply with the provisions of the Section or the conditions of any permit, or to otherwise protect the public health, safety, and welfare.

Sec. 23-355.9 Abandonment

(1) Discontinuance of Use. In the event that an Applicant discontinues the use of any communications Facility, Wireless Facility, Small Wireless Facility, Micro Wireless Facility, or Utility Pole for a period of one hundred eighty (180) consecutive days, the City shall deem it to be abandoned. The Administrative Official shall determine the date of abandonment. In reaching such a determination, the Administrative Official may request documentation and/or affidavits from the Applicant regarding the active use of the facility/pole. If the Applicant fails to provide the requested documentation, a rebuttable presumption shall exist that the Applicant has abandoned the Communications Facility. The Applicant shall have ninety (90) days from the date of notice of the Administrative Official’s determination of abandonment to do one of the following:

(a) reactivate the use;

(b) transfer ownership to another Applicant who makes actual use; or

(2) Expiration of Permit or Administrative Variance upon Removal. After the expiration of the ninety (90) day period, or upon completion of dismantling and removal, any permit or administrative variance shall expire.

Sec. 23-355.10 Moving, altering, or relocating equipment and facilities.

(1) Demand by City. Upon demand by the City, and Applicant at their own costs shall move, alter, relocate, or remove equipment or facilities and restore affected City rights-of-way as may be required by the City and shall complete any such work promptly or by such date as may be specified by the City.

(2) Emergency Actions. In the event of an emergency, the City may in its sole discretion, move, alter, relocate, or remove any equipment or facility and restore the affected City rights-of-way. The Applicant shall be responsible for repairing or replacing any affected equipment or facility at its own cost and shall reimburse the City for any costs incurred by the City in moving, altering, relocating, or removing any equipment or facility and in restoring the affected City rights-of-way in a amount equal to the sum of the actual cost of moving, altering, relocating, or removing any equipment or facility and restoring the affected City rights-of-way associated with such work and shall make any payment due as directed by the City and not later than 20 calendar days after receipt of a bill.

(3) Failure to Timely Comply with Demand. If an Applicant fails to fully comply with a demand by the City pursuant to the section promptly or by the date specified by the City, the City shall have the right to:

(a) declare that all rights and title to and interest in the affected equipment or facilities are the property of the City; and/or

(b) move, alter, relocate, or remove any such equipment or facilities and restore the affected City rights-of-way as it deems necessary. The Applicant shall reimburse the City for any costs incurred in moving, altering, relocating, or removing any equipment or facilities and restoring the affected City rights-of-way in an amount equal to the sum of the actual cost of moving, altering, relocating, or removing any equipment or facilities and restoring affected City rights-of-way associated with such work and shall make payment due as directed by the City and not later than 20 calendar days after receipt of a bill.

Sec. 23-355.11 Communication Facility Previously in Existence.

Communication Facilities in City rights-of-way legally permitted or installed on or before the effective date this Ordinance was enacted shall be considered a permitted and lawful use. In the event that such Communication Facilities are destroyed or voluntarily removed, any new Communication Facility shall meet the requirements of this Section.

Sec. 23-355.12 Indemnification

Any Applicant who makes any excavation in the City rights-of-way, makes any break or cut in any surface of the City rights-of-way, deposits any earth or other material in the City rights-of-way, places any equipment or facility in the City rights-of-way, modifies any Equipment or Facility, or performs any other work in the City rights-of-way shall defend, indemnify, and hold harmless the City from and against any liability or claim for damages or any other relief, including reasonable costs and expense arising from or in connection with any act or failure to act by such Applicant in the City rights-of-way. Issuance of a permit or inspection of work shall not affect the City’s right to indemnification. This section does not constitute a waiver of any defense or immunity as to any third party, which would otherwise be available to the City.

(Ord. No. 2018-01, § 2, 04-17-2018)

§ 23-356. Yard sales.

Latest version.

Yard sales, as defined in section 23-802, are permitted at a residence provided that no more than two (2) such sales are held in a calendar year on any property and provided that each yard sale does not exceed three (3) days in duration. Yard sales shall require a permit issued by the department of planning and development and such permit shall be displayed prominently in the immediate vicinity of the sale in such a manner as to be visible from the street adjacent to the property. An administrative fee established by resolution of the city commission shall be paid before the permit is issued. On-site signage for a permitted yard sale may be displayed on temporary signs allowed on residential properties under section 23-526.

(Ord. No. 2013-05, § 3, 6-18-13)

§ 23-357. Medical Marijuana Dispensaries and Treatment Centers

Effective: Tuesday, April 18, 2017

Medical marijuana dispensaries may be permitted in the PF – Professional and C-3 Highway Commercial zoning districts as designated in Table 23-421. Zoning approval of applications for the establishment of a dispensary shall be granted only in accordance with the provisions of this chapter with the following conditions:

(a) Business floor area shall not exceed five thousand five hundred (5,500) square feet in size.

(b) Business shall be located within three thousand (3,000) feet of a hospital or urgent care facility.

(c) Medical marijuana may be sold at a dispensary holding a valid license from the Florida Department of Health and local business tax receipt issued by the city between the hours of 7:00 am and 9:00 pm. (This is current State requirement.)

(d) No medical marijuana shall be sold within the corporate city limits at any place of business, location or establishment holding a valid license from the Florida Department of Health within five hundred (500) feet of any real property that comprises an established private or public elementary, middle or secondary school or substance abuse rehabilitation facility.

(e) The distance of five hundred (500) feet shall be measured as follows:

(1) Pertaining to established schools. Five hundred (500) feet from the nearest point of the building or the place of business, location or establishment to the nearest point of the real property containing the school facilities.

(2) Measurement. The distance of five hundred (500) feet shall be measured in a straight line.

(f) Security measures on premises shall meet or exceed State requirements and shall include a camera located on all exterior entrances or exits

(Ord. No. 2017-05, § 1, 04-18-2017)

§ 23-358. Mobile Food Vending/Mobile Food Dispensing Vehicles

Effective: Tuesday, June 2, 2020

The regulation of the Mobile Food Vending industry is necessary to protect the health, safety and welfare of the public. Mobile Food Vending means the practice of (1) selling or offering for sale of food and beverages from a Mobile Food Dispensing Vehicle, (2) managing or owning one or more Mobile Food Dispensing Vehicles, and/or (3) preparing food and beverages within a Mobile Food Dispensing Vehicle.
a. Mobile Food Vending prohibited without permit

No person or business shall engage in Mobile Food Vending within the municipal limits of the City unless the person or business possesses a valid Mobile Food Vending Permit issued pursuant to the Section;
Any person or business in violation shall be subject to a civil penalty in an amount not-to-exceed $500.00. Each day the violation exists shall be considered a separate violation. The penalty provided herein is cumulative to other remedies or enforcement processes the City may have, including those available under Chapter 162, Florida Statutes and this Code
Notwithstanding the foregoing, no person or business shall be in violation of the Section for Catering activity, Temporary Sales of Food, or Vending Machine activity in accordance with Chapter 509, Florida Statutes & Rule 61C-1.002(5)(a), Florida Administrative Code, so long as such person or business is not required to procure a license from the Florida Department of Business and Professional Regulation for service of food to the public as a Mobile Food Dispensing Vehicle.

b. Permitting requirements for Mobile Food Vending

Permit, generally. A Mobile Food Vending Permit granted under this Section authorizes a Mobile Food Vendor to conduct Mobile Food Vending activities on any improved parcel of land in the City’s C-1, C-2R, C-3, C-4, I-1, BP or LCI zoning districts that is properly registered and approved as provided for in this Section.
Application for Permit. Application for a permit required by this section shall be made to the City’s Development Services Director, upon forms provided by the City. Such application shall be sworn or affirmed to and filed with the City’s Development Services Department and shall contain or have attached the following:

A. The name, home and business address and business telephone number of the applicant.

B. A description of the type of food or beverage to be sold.

C. If available at the time of application, a license or set of licenses issued by the Florida Department of Business and Professional Regulation for the operation of one or more Mobile Food Dispensing Vehicles proposed to be operated in the City, and a copy of the most recent inspection report of such Vehicle(s).

D. A description of the proposed storage location of the Mobile Food Vending business’s Mobile Food Dispensing Vehicle(s) (if within the City).

E. A description of the proposed initial Mobile Food Vending site(s), if known at time of application.

F. Proof of business insurance, issued by an insurance company licensed to do business in Florida, protecting the applicant from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with Mobile Food Vending. Such insurance shall name the City as an additional insured and shall be in at least the amount of $300,000.00 each occurrence for injury and $100,000.00 per person.

3. Issuance/Denial of Permit. Not later than 10 business days after the filing of a completed application for a Mobile Food Vendor Permit, the applicant shall be notified by the City’s Development Services Department of the decision on the issuance or denial of the permit. If the issuance of the permit is approved, the permit shall be issued. If the permit is denied, the applicant shall be provided with a statement of the reasons therefor, which reasons shall be in writing on the application. The applicant shall be entitled to an informal hearing with the City Manager, or designee, if so requested by the applicant within 10 business days of the date of the written denial. A permit issued pursuant to this section is valid for a period up to 1 year from October 1 to September 30.
The following may constitute grounds for denial of a permit to operate or renewal of an application:

A. The proposed mobile vending activity does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety and health regulations;

B. The applicant has knowingly made a material misstatement in the application of a permit.

C. The applicant does not possess clearance to operate from the Florida Department of Business and Professional Regulation.

In the event the applicant does not receive notice within 10 business days of filing a completed application for a Mobile Food Vendor Permit, the application will be deemed denied.
4. Persons Authorized to Vend Pursuant to Permit. Notwithstanding subsection (a) herein above, an employee of a licensed Mobile Food Vendor may perform Mobile Food Vending activities at any of his or her employer’s registered sites and in any of his or her employer’s registered vehicles without first obtaining a personal Mobile Food Vending Permit. The authorization granted to an employee herein is an affirmative defense to a charge of unlawful activity and in order to establish such defense in any enforcement action, including actions before a court, an employee must:

A. present admissible proof of employment by a permitee in possession of a valid permit during the time unlawful activity is alleged (such as a paystub, IRS Form W-2 or notarized proof of employment letter); and

B. present evidence of compliance with all applicable conditions of his or her employer’s permit during the time unlawful activity is alleged.

An independent contractor under agreement with a permitee, whether oral or in writing, to operate on or more Mobile Food Dispensing Vehicles is not an employee for purposes of this affirmative defense.

c. Registration of Mobile Food Vending Sites
As a condition of permitting under this section, a Mobile Food Vendor shall register the physical site the Mobile Food Vendor intends to use for conducting Mobile Food Vending operations or for storage of Mobile Food Dispensing Vehicles with the Development Services Director either at the time of application for a new permit or not less than 30 calendar days prior to the planned start of operations on the site for a current permitee. Registration shall be made on a registration form provided by the City and a site plan of the physical site and an authorization form signed by the legal owner(s) of the physical site shall accompany such registration form when filed.

1. Site Plan. The required site plan shall depict to scale the principal use of the physical site and its compliance with the development regulations contained in Chapter 23 of this code, and other applicable ordinances, to include, but not be limited to, access points, curb cuts, landscaping buffers, setbacks and parking spaces. The site plan shall also depict the size and placement of the Mobile Food Dispensing Vehicle on the physical site and proposed parking areas for the Mobile Food Vendor’s patrons. For a parcel of land solely to be used for storage or exterior cleaning of Mobile Food Dispensing Vehicles, and not general Mobile Food Vending activity, the plan may omit proposed parking areas for the Mobile Food Vendor’s patrons.

2. Authorization Form. Authorization from the legal owner(s) of the proposed site shall be made on a form provided by the City. In the event that the legal owner of the proposed site is a corporation, the authorization form shall be signed by an officer of the corporation or its designated agent. The authorization form shall, in addition to acknowledging that the Mobile Food Vendor has permission to conduct Mobile Food Vending activities on the proposed site from its legal owner(s).

3. Schedule of Mobile Food Vending Activity. At the time of site registration, a Mobile Food Vendor shall establish and file a proposed schedule of Mobile Food Vending activity to be conducted on the proposed site. A schedule of operation of the primary business on the site shall also be provided. Mobile Food Vending consistent with this Chapter may only occur on a site during the time that the primary business on the site is open for operation. If site registration is approved, the schedule of activity shall be appended thereto and shall be the approved times that the Mobile Food Vendor may conduct Mobile Food Vending activity on the premises.

4. Approval of Registration Required. To be valid, a registration must be approved by the City’s Development Services Director, or designee, prior to initiating site operations. Upon receipt of the registration form, proper site plan, and authorization form, the City’s Development Services Director, or designee, shall review the filed documents to determine:

A. that the physical site is compliant with the current development regulations contained in Chapter 23 of this code, and other applicable ordinances;

B. that the proposed placement of the Mobile Food Dispensing Vehicle does not impact the public’s safe ingress and egress to and from the physical site by blocking visibility triangles at access points and driveways;

C. that the proposed placement of the Mobile Food Dispensing Vehicle, including all necessary outdoor space for patron service and patron parking does not impact the general on-site traffic flow of the principal use;

D. that only registered Mobile Food Dispensing Vehicles will be utilized on the proposed site; and

E. that the legal owner(s) of the proposed site have given permission for the Mobile Food Vendor to establish operations on such proposed site.

Not later than 10 business days after receipt of a registration form, proper site plan and authorization form for a particular proposed site, the permitee shall be notified by the Development Services Department of the decision on the approval of the registration. If the registration is approved, the Mobile Food Vendor may begin operating. If the registration is denied, the applicant shall be provided with a statement of the reasons therefore, which reasons shall be entered in writing on the registration form.

5. Authority of Development Services Director to Authorize Administrative Variances. The City’s Development Services Director, or designee, may, in the process of reviewing a site registration for approval, administratively grant a waiver to the technical parking requirements of Chapter 23 of the Code required for the site’s principal use during the proposed vending hours listed in the schedule of Mobile Food Vending activity if not greater than 20% of the number of required parking spaces is reduced by site space occupied by the Mobile Food Vendor and Mobile Food Dispensing Vehicles.

6. Maximum Number of Registered Sites. A permitee may only register five (5) sites for Mobile Food Vending activity at any one time. In the event that a permitee submits registration paperwork for a site in excess of five, and does not direct the Development Services Department to cancel an existing and active registration, the Development Services Director may either:

A. summarily reject the proposed registration; or

B. approve the new registration and revoke an existing registration as the Development Services Director may discretionarily choose.

d. Local Registration of Mobile Food Dispensing Vehicles
As a condition of permitting under this section a Mobile Food Vendor shall annually register each Mobile Food Dispensing Vehicle intended to be used in the City for Mobile Food Vending activities with the City’s Development Services Director, or designee. To be eligible for registration in the City, a Mobile Food Dispensing Vehicle (hereafter “MFDV” in this subsection) must meet the following standards:

(1) The MFDV must be licensed by the Florida Department of Business and Professional Regulation.

(2) The MFDV must be entirely self-reliant for necessary gas, water, wastewater and electric provisions. No MFDV may connect to permanent utilities.

(3) The MFDV shall be constructed for the specific use of preparing and selling food and beverage obtained from a licensed commissary. An open bed truck, van, or converted automobile is not an MFDV and may not be registered as such in the City.

(4) The MFDV shall be constructed so that any equipment installed in any part of the vehicle may be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn.

(5) The MFDV must be covered under a currently effective agreement with a Florida-licensed food commissary (hereafter referred to as “commissary”) for restocking, interior cleaning and proper water and wastewater disposal and must maintain commissary logs inside the MFDV showing the date and time of each restocking and interior cleaning required by state law, rules and regulations.

Registration shall be made on a form provided by the City and shall include a written description of the MFDV, 4 or more photographs (showing different exterior views) of the MFDV and any exterior-operated equipment, the Florida Department of Highway Safety and Motor Vehicles license tag number and registration number if applicable, a current health certificate issued by the appropriate state or county authority as may be required under Florida law, all current licenses required for operation by Florida state and county agencies, and copies of the most recent inspections performed by Florida state and county agencies as applicable. Registration of the vehicle shall be complete upon filing. At registration, the City’s Development Services Director, or designee, shall issue proof on registration to be placed on the MFDV for the applicable registration year.
Registration of an MFDV may only be undertaken by a person or business in possession of a valid Mobile Food Vendor Permit. A MFDV may only be registered by its legal owner.
e. Certain Conduct Prohibited.
No Mobile Food Vendor shall:

(1) Vend for more than a single 72-hour period per week at any one location.

(2) Vend in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant or create or become a public nuisance, increase traffic congestion or delay or constitute a hazard to traffic, life or property or an obstruction to adequate access to fire, police or sanitation vehicles.

(3) Vend on a vacant lot.

(4) Vend without an available litter receptacle for patron use.

(5) Leave any location without first picking up, removing and disposing of all trash, materials or refuse remaining from Mobile Food Vending activities.

(6) Allow any fluids to be discharged from a Mobile Food Dispensing Vehicle.

(7) Sell anything other than that which he is licensed to vend.

(8) Vend without required insurance coverage.

(9) Vend without appropriate licensure from all state agencies with jurisdiction or vend without appropriate payment of state and local business taxes.

(10) Set up tables and chairs to be utilized by patrons as part of the vending operation.

(11) Dump wastes or wastewater on site, into the City’s stormwater system, or at any other place in the City other than the licensed commissary depicted in the application.

(12) Use temporary signs of any kind.

(13) Conduct Mobile Food Vending activities without first registering and obtaining site approval.

(14) Conduct Mobile Food Vending activities without displaying a valid Mobile Food Dispensing Vehicle registration card.

(15) Vend between the hours of 9:00 p.m. and 6:00 a.m. An exemption for the 9:00 pm closing may be granted Administratively on a case by case basis.

(16) Fail to comply with any requirements imposed in this section, including quarterly filing of commissary logs and inspection reports.

f. Renewal
All permits issued under this section are valid for the entire licensing period unless revoked prior to expiration. An application to renew a license may be made not later than 60 calendar days before the expiration of the current license. All current documentation required for initial permit issuance shall be submitted with each renewal.
g. Revocation of Permit or Registration.
Any permit or registration issued under this section may be revoked by sending a “Notice of Revocation” to the permitee stating both the facts and legal conclusions constituting cause to revoke. Within 10 business days’ of the “Notice of Revocation,” the permitee may request a hearing before the City Manager, or designee, by submitting a written request and response to the Notice to the City Clerk. At the hearing before the City Manager, or designee, the issue shall be whether cause to revoke is present based on either permitee misconduct or the permitee’s failure to comply with registration requirements. The City Manager, or designee, shall allow the permitee to present any defenses the permitee may have and shall, after all of the evidence has been presented, issue a determination in writing. Any party aggrieved by the decision of the City Manager or designee may appeal the decision to a court of competent jurisdiction be petition for writ of certiorari.
h. Schedule of Fees
Each permitee shall pay the corresponding fee for each service performed by City staff pursuant to this section:

(1) Permit, Initial issuance/renewal: $50.00

(2) Site registration: $50.00 and $10.00 for each additional site.

(3) Mobile Food Dispensing Vehicle registration: $25.00

(Ord. No. 2020-06, § 1, 6-02-20;)

§ 23-359. Solar power generation facility

Effective: Friday, September 10, 2021

(A) Permitted Uses: Solar power generation facility, ancillary electrical substation use, and solar power generating facilities related uses such as battery storage and operation and maintenance structures.

(B) Additional requirements:

(1) Generally. All solar equipment and devices shall comply with Florida law. The regulations imposed herein are not intended to prohibit or have the effect of prohibiting the installation of energy devices based on renewable resources pursuant to F.S. § 163.04.

(2) Design standards. The following provisions are intended to facilitate the commercial generation and distribution of solar power within the City. The Table of Uses, Table 23- 421, outlines the zoning district(s) where solar power generation facility is(are) allowed. The below design standards shall be required for Solar Power Generation Facilities and shall supersede other provisions and requirements of the LDRs.

(a) Types of Solar Panels. The solar panels shall be ground mounted and may be fixed mount or solar tracker.

(b) Minimum lot size. The minimum lot size shall be ten (10) acres.

(c) Placement. The development shall comply with the requirements of Article VI:
Resource Protection Standards of the LDRs.
(d) Setbacks. All solar panels and related equipment shall be setback a minimum of 50 feet from all property lines and shall comply with all applicable right-of-way setbacks. On-site power lines and interconnections to electrical grids shall be placed underground where feasible. Transmission lines and supporting poles necessary to move electricity offsite are excluded from this requirement.

(e) Height. The solar panels shall have a maximum height of 15 feet. All other structure heights shall be in accordance with federal regulations and designed to meet North American Electric Reliability Corporation (NERC) standards.

(f) Fencing. Physical access to a solar power generation facility shall be restricted by fencing or walls. The security fence shall be a minimum height of six feet high and a maximum of eight feet high. All fencing and wall details shall be shown on the site plan.

(g) Impervious Surfaces and Landscaping: Solar panels associated with solar power generation facilities are considered pervious if configured to promote sheet flow of stormwater from panels and natural stormwater infiltration into the ground beneath the panels. The solar panels are not subject to lot coverage restrictions or canopy tree landscaping requirements. A landscape plan will be required at the time of the submittal of the Special Exception Use Permit application.

(h) Glare reduction. Where ground mounted solar panels face abutting residentially developed or zoned parcels or public roadways, the panels shall be made of glare reducing materials.

(i) Access. Solar power generation facilities shall have access to collector or arterial roads.

(j) Emergency access and response. Reasonable accessibility for emergency service vehicles shall be provided and noted on the site plan.

(k) Internal access roads. Internal access roads are not required to meet the street design standards of the LDRs but must be sufficiently stabilized to serve emergency vehicles as established in the emergency response plan.

(l) Maintenance. Solar panels and associated equipment shall be maintained in proper working order and shall not be allowed to enter a state of disrepair.

(m) Abandonment. A solar power generation facility shall be considered abandoned after a one-year period without energy production. The property owner shall be responsible for removing all energy production and transmission equipment and appurtenances within 120 days of abandonment.

(Ord. No. 21-20, § 1, 9-10-21)