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HomeMy WebLinkAbout2021-11-17 Virtual Planning and Zoning Board/Local Planning Agency Agenda PacketCITY OF DANIA BEACH PLANNING AND ZONING BOARD 1 LOCAL PLANNING AGENCY VIRTUAL MEETING ID: 851 4083 1505 DANIA BEACHWednesday, November'17, 2021 SEAR.UVEILLO&It. 7:00 PM ANY PERSON WHO DECIDES TO APIVAL ANY DECISION MADE BY'1'HE PLANNING AND IUNLNG ADVISORY ADARD WITH REGARD TO ANY MATTER CONSIDERED AT THIS MmTING Olt HHARING WILL NEED A RECORD OF THE PROCEEPINOS, AND FOR SUCH Pi"DSE MAY NEED TO ENSURE THAT A VERAATIM RECORD OF THE PROCEEDINGS IS MADE W111CH RECORD rNmUtm THE TESTIMONY AND EVIDENCE UPON WWCH THE APPEAL IS TO HE BASED. WBRY19T REGISTRATION IS REQUIRED. PJUOR'I'O ENGAGING 1N ANY LOBBYING AC11V171115, WHETHER OR NOr commNSATiON is PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES. EACH wRjivis'r SHALL FILE± WITH. THE CITY CLW[k AN ANNUAL REGISTRATION STATEMENT AND WAY AN ANNUAL ONL ItLINDRED DOLLARS (SIWX4 REGISTRATION 1'rp yak IN ACCORDANCE WITH NE AMERICANS WITH DISABILITIES ACC, ITIRSONS NEEDING AMTANCE TO PARTICIPATE IN ANY OF nnh PROCEPDINGS SHOUL111 CONTACT THE CrrY C1."WS OFFICE, 100 W. DANIA BEACH BOULFVARO. DANIA BEACH, r4 33GO4, (95A) 424-Uoo EXTLINSION 3624. AT LEAST 49 HOURS PRtoR TO TM INW TING, tN CON5tDERATION OF OTHW. WE ASK THAT YOU: A. PLVAEB TURN CELLPIIONES OFF. OR PLACIION VIBRATE. n, YOU MUST MAKE A CALL, PIXASE STEPOLIT 1N707HE ATRItrK IN ORDER NOT TO INTERRUPTTIW MEbrING. 9, IF YOU MUST SPEAK TO SOMEONE IN THR AUDIBNC. PLPAS E SPEAK SOFTLY OR W =' INTO TICS ATRI UM, IN ORDER NOT TO INTnRRUPr THE MEETrNO, I. ROLL CALL 11, BOARD DISCUSSION 1. Selection of board Vice Chair III. APPROVAL OF MIN UTES 1. Approval of Minutes of the Planning and Zoning Board/ Local Planning Agency from the October 20, 2021 meeting. IV. PUBLIC HEARINGS 1. 'VA 085-21: The applicants, homeowners John and Lucette FitzGerald, are requesting a variance to permit a boat lifting device to extend seventeen (IT) feet into the I IU-foot wide waterway, where the maximum of fifteen (15') feet is permitted, for property located at 715 NW 711' Street. 2. TX-080-21: The applicant, City of Dania Beach, is requesting several text amendments to the City's Code to adapt amendments and refinements to the Land Development Code, 3. TX-082-21: The applicant, City of Dania Beach, is requesting a text amendment to the City's Code of Ordinance, to provide a process for allocating Regional Activity Center {RAC} dwelling units. d. LU-087-21: The applicant, City of Dania Beach, is requesting a Comprehensive Plan Amendment to add a Property Rights EIement to the document, 5, TX-090-21: A recommendation in support of creating a remonable accommodation hearing process in the City's Land Development Code, to be presented to the Special Magistrate. 6, TX-091-21: To amend and update, consistent with changes in Federal and State law, the City's telecommunications ordinance. 7. TX-065-20R1 The applicant, City of Dania Beach, is requesting a text amendment and map amendment to the City's Unified Land Development Code to make the tree protection overlay regulation and district permanent for trees in the general vicinity of the residential lots on SW 36 Terrace, SW 37 Avenue and SW 37 'rerrace. V. BOARD ITEMS 1. City Commission actions on items previously heard by the Board. 2. Upcoming meeting dates: December I5, 2021 VI. MEETING ADJOURNED Plrrrlrrirrg rrrld Zoning Board GENDA 11r.l Coirinumiry Deilelop pent lVork Folllerl--P2 floard1P--!. Agene1t7s12031 VIRTUAL MEETING MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY DANIA BEACH WEDNESDAY, OCTOBER 20, 2021 SFAII,LIVE It LOYER. 7:O0 PM ANY VERSON WHO 0)=ES TL] APPSAL ANY DECISION MADE WITH RF-iAItD TO ANY MA7TER CONSFDERLI0 AT THIS MEETING Oil HEARING WILL NEED A RECORD OF THE PROCEEDING. AND FOR SUCH PURPOSE MAY "Eh TO ENSURE THAT A VERBATIM RACOBD OF TWI PkOCRELIrNG IS MATE WHICH RECORD jNCLUDES THE TESTIMONY AM EVrDE•NCE UPON WHICH THE APPEALIS 70 BE BASED, LOBBYIST RDr, S GATION IS ARQtIMED. PRIOR TO BNGAGING IN AM LOBBYING ACITVLTIES, %VilE- I11jK OR PI NOT COMPeNSATION I5 PAID OR RECVW IN CONNECTION WITH T1iosL EAhCHPRINCIPAL ORPt&LOYER- RRGISTRAMO FORMS AREAVAII.AH a•L:WTHECITYW9110Ti WWWDANIAHEACHF1-G ND PAY ({]Etl?INNICELk a 2p619} S�S140.W)kFO13LRA716NFEH FOR f 4 ACCORDANCE WITH THE AMIMICANS WITH DISABILITIES ACT, PERSONS NEW NG ASSISTANCE TO PARTICIPATE IN ANY OF THESE FROCLEDTNGS SHO= CONTACT'11X CITY CLERK'S Omq 100 W_ DANTA Is9ACH BOULSVAiW DANIA DEACTI PL 13004t95d 9bI-6900 EK7L•N$IU"1362q, ATLEASTd6 LiQIIRS PRIOR7O 71HI MEETING, IN CONSIDERATION OF OTHERS. WE ASK THAT YOU'. A PLEASE URN CELL. PHONES OFT. OR PLACE ON VMIL%Te IF YOUMRI UST MAKE A CALL, PLXASE STEP our LNTO THE ATRIUM. JN ORDER NOT TO INIERRUPt 7" MEETING T B. IF YOU MUST SFA'AR TO SOMEONE JN THE AUDIENCk PLEASE SFL•AK SOFTLY ORGO OUTINFO THE ATRIUM. IN ORDER NOT TO TNTERRIFFT VIE MEETING 1:. ROLL CALL The meeting was called to order at approximately 7:OOPM by Chair Robertson. Boat! Clerk Ibel Larios called the roll. Chair W. Quin Robertson, PhD, LISP Present* Eve, Boutsis, Assistant City Attorney Traian Thomas Popescu Present Corinne Lajoie, AMP, Asst Director Comm Dev Jonathan Thomas Present Richard Lorber, AICP, Planning and Zoning Manager Albert C Jones Present, Anne -Christine Carrie, Senior Plarmer Derrick Hankerson Present lbel Larios, Board Clerk *The chair experienced technical difficulties during the meeting, 11..aPPROVAL OF MINUTES 1, Approval of,fitsutes of the Planning and Zoning Board I Local Planning Ageney frarn the Septeynber 22, 2021 virluul regular weeting, Nation was made by Albert Jones to npprave the minutes of the vit�tual ✓Meeting of the Planning & Zoning BoardlLocal Planning Agency for September 22, 2021 was seconded by Jonathan Tltomas Motion passed S-It,. III.PUBLIC IL+AIUNGS 1. TX-077-21: The applicant, City of Dania Beach, is requesting a text amendment to the City's Unified Land Development Code modifying the development regulations for laboratories. Alter the title was read, Senior Planner Anne -Christine Carrie gave a PowerPoint presentation explaining the request from Lab Gurus, LLC to allow the City's Land Development Code (LDC) to include laboratories in the definition of medical office use. Lab Gurus operated a laboratory in the commercial plaza located at 3316 Griffin Road in the C-2 zoning district that allowed medical offices but not laboratories. Therefore, the lab received a violation for operating without a business license. She read into the record the activities to be added to the definition of medical office use and explained that this application required two public hearings by the City Commission. She said that Staff was recommending the Planning and Zoning Board recommend approval to the City Commission and that the applicant was on the line to answer any questions. The Chair called for board questions. Board Member Jones wanted to know if they could get into prescription drugs, etc. or would it only be for diagnostic testing, Senior Planner Carrie answered that the change would only allow them to operate as a lab in a medical office type of building, Board Member Jones wanted to know about environmental concerns (if there were any and should there be any) and what precautions would be taken by them in specific areas and with specific containers. The applicant, Jeffiiey Lynne, Esq. from Beighley Myrick Udell + Lynne, representing Lab Gurus, stated that the lab did mostly toxicology screening for employment purposes. He further stated that substances like blood and urine all get disposed of consistent with laws that were issued by the Centers for Medicare & Medicaid Services. The facility was licensed through the Federal government for that. Board Member Jones was concerned about someone coming to check and .make note on this facility that it was operating under the rules/regulations of the county, state, etc. Board Member Jones asked exactly where this location was in the City. Senior Planner Carrie explained the location but reminded that since this was a text amendment, it would ba applied to the whole City if approved. Board Member Jones asked about foreseeing any particular problems in the future but nothing was raised. At almost eleven minutes after the meeting started, the Chair was no longer logged in. Assistant City Attorney Boutsis called upon Board Member Hankerson's "hand raised" for his question, He said he was a little surprised that there was no designation for a lab and asked if this text amendment now limited labs in the City to 5,000 square feet or less. Assistant City Attorney Boutsis explained that there was a different zoning code section that allowed laboratories in a broader spectrum and it was more in an industrial area, This was the type of diagnostic lab that if it met this definition could go in a commercial area. Senior Planner Carrier reiterated that the others would be in an industrial area. With the chair not present, Assistant City Attorney Boutsis asked if anyone in the audience wanted to speak on this item and there was no one. Discussion ensued about placing election of a vice chair on the next agenda and then Assistant City Attorney Boutsis called Car a motion on this text amendment, Molloy, was made by Jonathan Thomas to recommend approval of ibis agenda item (7X 077--21) to the City Commission and 1vas seconded by Traian Tlrojrias PORES011, Motion passed 4-0 (Board Clerk Larios said she spoke with the chair- wlto lost his connection and he would be rebooting his computer and trying to fog back in.) 2. TIC-079-21: The applicant, City of Dania Beach, is requesting a text amendment to the City's Code of ordinance, to relocate the enabling language and create regulations to co - designate street names. Assistant City Attorney Boutsis read the title of the second agenda .item and called for a motion authorizing the Board to move forward for now without a Chair or Vice Chair while waiting for the Chair to log #pack in. Matiort leas ,Wade by Derrick Harrkersort to ntove forward tuithorrt the chair until he logged back in and was seconded by Jonalhan Thomas Motion passed 4-0- Assistant Director Community Development Corinne Lajoie gave a PowerPoint presentation stating that Staff was requesting a text amendment to relocate the enabling language to co -designate street nanies within the City's Code of Ordinances from Chapter 28, "Land Development Code" to Chapter 22, "Streets and Sidewalks". The relocation to Streets and Sidewalks seemed more appropriate for co - designate street names. She read the language that would be relocated into the record, This text amendment would require two readings by the City Commission and she further stated that Staff was recommending the Planning and Zoning Board recommend approval of this text amendment to the City Commission, Ms. Lajoie called for board questions. Board Member ,loner asked for more clarification and she gave an example of a street name and a co -designate street name and how both names would remain with one being the secondary name. This was particularly important in the older area of the City that was on a grid system numerically numbered because we did not want to lose those numbers. This way, the numbered streets remained but would have a new name that would be the co -designation of the Lumbered road. She reminded that Monroe Udell Street was a street that was co -designated near City Hall. board Member Jones wanted clarity that this was only for City streets because we did not have jurisdiction over County streets and that the County did not have jurisdiction of the names of City streets. Assistant Director Community Development Lajoie answered Board Member Jones that nothing in the City's policy was changed, the wording remained the same, and this text amendment was only to change its location to Chapter 22, Streets and Sidewalks, which was a section all about streets. As there were no Virrrrrrl Plrrrr+ring and Zoning Baar&Local Plonning Agency Minutes 2 oember 20, 2021 further board questions, Assistant City Attorney Boutsis asked for public questions/comments. No one from the public wished to speak. Motion war tttade by ,Ionathan Thontas to recomrrrend approval oftlus agenda item (TX-079-21) to the City Commission and was seconded by Derrick Hankerson. Motion passers 4-0 (Chair Robertson still could n.ot log back in). 3, TIC-080-21.: The applicant, City of Dania Beach, is requesting a text amendment to the City's Code, to adopt amendments and refinements to the Land Development Code. Assistant City Attorney Boutsis read the title of the third agenda item into the record. This was the agenda item which Assistant Director Community Development Corinne Lajoie previously asked to be continued to the November 17, 2021 meeting. Nmoiion was made by De1-rick Hankerson to corttiltue this item to the dale certain of 1ovember 17, 2021 P&T Afeeting and 1vrrs seconded by Albert Jones. Before the vote, ,Assistant City Attorney Boutsis asked if anyone from the public wished to speak on the continuance but there were no requests. She further noted that Chair Robertson was back online (approximately 7:20PM). After filling the chair in an what transpu•ed while he was offlLne, he took over chairing the meeting for the Board Items section. Motion passed 5-0. IV. BOARD ITEMS 1. Citv Commission actions on items Rrrviously heard by the Board. Assistant Director Community Development Corinne Lajoie said that at the September 28, 2021 and October 12, 2021 City Commission Meetings, they heard the Academy Bus Rezoning First Reading, the Traffieway Amendment (was passed), and the Sea Wall Text Amendment First Reading (went through as well). 2. Uncomin IVleetin Dates:. November 17, 2021 V. MEETING ADJOURNED As there was no further busuiess to discuss, the meeting was adjourned by mutual consent at approximately 7;22PM. ATM-ST: IBLL LARIOS BOARD CLERK W. QUIN ROBFRTSON, CHAIR PLANNING AND ZONTNG BOARD (Date) (Date) For more details regarding this meeting of the Planning and Zoning Board/Local Planning Agency, please request a file of the meeting by calling 1bd Larios at (954) 924-6805 X3792 or emailing ilarios@daniabeachfl.gov. Viraid Planning and Zoning BoardlZocal Planulsg Agency V11111teY 3 October 20, 2021 E) CITY OF DANIA BEACH DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT 5EME LIVE li LOVE R. STAFF REPORT DATE: November 17, 2021 TO: Planning and Zoning Board FROM: Eleanor Norena, CFM, Director Corinne Lajoie, AICP, Assistant Director [orinneLaJole,W:�.., Richard Lorber, AICP, Planning and Zoning Manager , _ I . •r,._ Richard et SUBJECT: VA-085-21: The applicants, homeowners John and Lucette Fitzgerald, are requesting a variance to permit a boatlift exceeding the maximum projection into the adjacent waterway, forthe property located at 715 NW 71" Street. REQUEST VARIANCE To allow a boatlift that projects seventeen (17) feet into the waterway; The Land Development Code only permits a fifteen (15') foot projection into the waterway, per Section 240-20(K). PROPERTY INFORMATION EXISTING ZONING: LAND USE DESIGNATION: CODE VIOLATIONS None Single Family 6000 Residential (R5-6000) Low (5) Residential PUBLIC: HEARING NOTICE This item was duly advertised, posted and noticed pursuant to Article 610 of the LDC. VARIANCE BOAT LIFTING DEVICE The applicants, homeowners John and Lucette Fitzgerald, are requesting approval of a boat lifting device that projects seventeen (17') feet Into the waterway. Section 240-20(K) of the Land Development Code only permits a fifteen (151) foot projection into the waterway: ARTICLE 240. - DOCKS AND MOORING STRUCTURES Sec, 240-20. - Construction of accessory boat slips and docks on waterways; limitations. (K) No extension of a boat -lifting device capable of being submerged shall extend more than twenty-five (25) percent of the width of the waterway, not to exceed fifteen (15) feet, unless a variance is first granted for same by the planning and zoning board and a guidepole is attached to the end of such device which extends over the waterway. The guidepole shall be a pole no less than one and one-half (11/) inches in diameter and permanently attached to such device. The guide pole shall be vertical and extend at least six (6) feet above the surface of the water at all times and shall display a reflective color over the exposed surface. At the subject location, the adjacent Dania Cutoff Canal waterway measures 110 feet wide. Twenty-five (25) percent of the width of the waterway at this location would be (27.5) feet, however the maximum projection is capped at fifteen (15) feet. The applicant's proposed boat lifting device would project (17) feet from the property line, two feet over the fifteen (15) foot maximum, requiring a variance to waive two (2) feet of the encroachment. Section 625 of the City's LDC states, the City Commission or Planning and Zoning Board, if applicable, shall hold its public hearing and, after consideration of the staff recommendation and public input, if any, may deny, approve or approve with conditions the application for variance, based upon its determination that the request meets the criteria identified in Section 625-40, which are identified below. (1) "That the requested variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the city." Applicant: A four Post Boat Lift extends too far into the cut, and I immediately discarded that option. I researched the specifications of an elevator lift and it fell within the 25% requirement. SFWMD approved the permit (PFRM1T NC. MOD permit 15473).1 thought thatifSFWMD would allowthe permit, Dania Beach would have similar if not the same codes, restrictions, and issue a permit. Unfortunately, for me you do not. Staff., The request maintains the basic intent of the code to permit one clock to each home, with a reasonable dimension and projection into the waterway. The extra two -foot projection will not be a hindrance to navigation. (2) "That the requested variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community." Applicant: Recently 1 started my research to measure the feasibility of installing a boat lift. I applied for a permit from the SFWMD (South Florida Water Management District). Their biggest concern was that the lift not extend into the waterway more than 25% of its width. Dania Beach code adds the additional requirement of not extending more 25% or 15 feet maximum into the waterway. The elevator lift will extend 17 feet not the 15 feet. Staff." The dock is attractive and well built, and fits in well with the surrounding neighboring properties. (3) "That the requested variance is consistent with, and in furtherance of, the goals, objectives and policies of the adopted Comprehensive Plan, as amended from time to time, and all other similar plans adopted by the city." Applicant., SFWMD has approved the permit. Staff.' The request in consistent with Comprehensive Plan Policy 6.11: Local land development codes and regulations shall provide for the protection and creation of surface waters in conformance with State and South Florida Water Management District Policies. (4) "That the plight of the petitioner is due to unique circumstances of the property or petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome." Applicant: When my wife and I originally built our dock 2 years ago, we thought there would not be a Reed for a boatlift. Since corona hit more and more people have purchaser) marine vessels of all .sort. Because of this increase in activity, and the tremendous lack of respect for those of us on the main waterway of the Dania Cut Off Canal, and the lack of patrolling of the waterway, 1 watch my boat abused and smashed hard against my dock. Staff- The applicant hes submitted a minor variance request for this boat -lifting device. Denial of the variance would force the homeowner to modify the plans and design a different configuration of equipment. (5) "That the variance requested is the minimum variance that is necessary to afford relief to the petitioner, while preserving the character, health, safety and welfare of the community." Applicant: l am applying for a 2-foot code variance on a 110-foot waterway. My wife and I are 70 years old, one of the few pleasures we have is being able to hop on our boat and go fora short ride. We implore you to give us this little bit of latitude to install the lift. Staff., The request is the minimum necessary in order to afford zoning relief to the applicant; granting the request would allow the homeowner to retain the dock as constructed and frothing more. The applicant has provided written justification identifying how this request is consistent with these criteria. STAFF RECOMMENDATION Approve the resolution. I : RESOLurION NO.2021-PZ-005 A RESOLUTION OF THE PLANNING AND ZONING BOARD OF T14E CITY OF DANIA BEACH FLORIDA, APPROVING A VARIANCE (VA-085- 21) TO SECTION 240-20(K) OF THE LAND DEVELOPMENT CODE (LDC), TO PERMIT A BOAT LIFTING DEVICE TO EXTEND SEVENTEEN (IT) FEET INTO THE 110 FOOT WIDE WATERWAY, WHERE A MINIMUM OF FIFTEEN (15') FEET IS PERMITTED; SUBMITTED BY THE PROPERTY OWNERS JOHN AND LUCETTE FITZGERALD, FOR PROPERTY LOCATED AT 715 NW 7.. STREET, IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, the Land Development Code (the "LDC') Part 6 `°Development Review Procedwes And Requirements," Article 625, "Variances" of the City Code of Ordinances, the property owners, John and Lucette Fitzgerald (the "Applicant"), applied to the City of Dania Beach (the "City") for approval of a variance request (VA-085-21) for property located at 715 NW 7" Street, Dania Beach, FL 33004, located within the RS-6000 Single -Family 6000 Residential ;honing District, legally described in Exhibit "A" and incorporated by this reference; and WHEREAS, LDC Section 625-40 states that the Planning and Zoning Board may grant a variance based on its determination that the Applicant has demonstrated that the criteria identified in the City Code have been satisfied; and WHEREAS, the Applicant proposes to construct an elevator boat lift that would project seventeen (17') feet into the adjacent 110-foot wide waterway; and VVHEREAS, Section 240-20(K) permits boat lifting devices to extend a maximum of fifteen 05') feet; and WHEREAS, the applicant requests that the City waive the two (2) foot encroachment and permit the projection as proposed; and WHEREAS, the Applicant has provided sufficient justification demonstrating compliance with the approval criteria to meet the requirements of the LDC; and WHEREAS, the Planning and, Zoning Board conducted a duly noticed public Bearing in accordance with Article 610 of the LDC; and WHEREAS, the Planning and Zoning Board finds that the Variance (VA-085-21) request is consistent with the Comprehensive Plan, NOW, THEREFORE, BE IT RESOLVED BY TIM4 PLANNING AND ZONING BOARD OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and they are made a specific park of this Resolution. Section 2. That this certain application (VA-085-21) for a variance to Section 240- 20(K) of the Land Development Code, to permit a boat lifting device to extend seventeen (17') feet into the I I Moot wide waterway, where a minimum of fifteen (15 °) feet is pezxnitted, is approved. Section 3. That the issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency, and does not create any liability on fine part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal agency, or undertakes actions that result in a violation of state or federal law. Section 4. Pursuant to LDC Section 625-50 "Expiration of Variances," the variance (VA-085-21) shall automatically expire and become null and void unless the applicant files a complete building permit application with construction drawings for the improvements shown on the site plan, within eighteen (18) months from the date of this Resolution. Section 5. That the associated Planning & Zoning Division Staff Report prepared for application VA-031-21 is hereby incorporated into this resolution as findings of fact. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 2 Section 7. That this Resolution shall be in force andtake effect invnediaiely upon its passage and adoption. PASSED AND ADOPTED on November 17", 2021. ATTEST: IBEL LARJOS BOARD CLERK W. QUIN ROBERTSON, CHAIRPERSON PLANNING AND ZONING BOARD APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 3 EXHIBIT "A" LEGAL DESCRIPTION ANDERSON SUB 34-40 B LOT 9 BLK 2 I IQ 1 R Poe PLANTATION OF BEQUEST FOR VARIANCE When my wife and I originally built our dock 2 years ago, we thought there would not be a need for a boatlift. Since corona hit more and more people have purchased marine vessels of all sort. Because of this increase in activity, and the tremendous lack of respect for those of us on the main waterway of the Dania Cut Off Canal, and the lack of patrolling of the waterway, I watch my boat abused and smashed hard against my dock. Some of these people seem to think this is their own personal speedway. Recently I started my research to measure the feasibility of installing a boatlift. I applied for a permit from the SFWMD (South Florida Water Management District). Their biggest concern was that the lift not extend into the waterway more than 25% of its width. A four Post Boat Lift extends too far into the cut, and I immediately discarded that option. I researched the specifications of an elevator lift and it fell within the 25% requirement. SFWMD approved the permit (PERMIT NO. MOD permit 1.5473). 1 thought that if SFWMD would allow the permit, Dania Beach would have similar if not the same codes, restrictions, and issue a permit. Unfortunately, for me you do not. Dania Beach code adds the additional requirement of not extending more 25% or 1.5 feet maximum into the waterway. The elevator lift will extend 17 feet, not the 15 feet. This is why I am applying for a 2-foot code variance on a 110-foot waterway. My wife and I are 70 years old, one of the few pleasures we have is being able to hop on our boat and go for a short ride. We implore you to give us this little bit of latitude to install the lift. - u i�•.533.�G' � - F.P.F�,NI. FJ,P 1 Z' GONG. NO CAP MON. OVERHEAD ] WIRE AA 1 �/.0I DLOCI a �;A�4�p � t 'o. Vteeal 4 Rf WO F.LP NO t 9 v� '•It 'F � - =nr�,p� r, tP 1d w2�r'±: 121 wY „ i - ct :• = . lfU4_-J7FA V.Ake w I+V.M. 'Al o N - WALK see RES. # 715 \c�,. nr.s BLOCK2 A iQ35' AN iS t.l F'�+�•' CI FARADAY ELECTRICAL. CONTRACTOR INC, f 0640 LAGS WLLLGQY iv- $UNR1 , F 3338f . . �.l tif}r TV- , PLOCK 2 'i l `-�G W'A� 71Y I OVAL, v T N CAP salt �ril - Mitre maybe L'secmnnCa rcwtded in the Public Reoorde not shown an this survey. -The purpose of this Survey is For use in olrtgininEt Title Tnsursnse anst 77n®Heirs g aad shnil Id not Efn nsc�l far %'ogcFi2tatiori purpnBmr. e cn I C-5 m 8 cw ISSUE MTE I I� 0 im c, Lu; It 4 'S I ! r �_ ?rr.T+id• _I pp sa c41 + to -76 _ L' Q 1S5UE [INN City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 X3643 DANIA BEACH IN3W18V9OCI ON1NNVId SEAIT.LIyE Ir,iaxr IT Standard Development Application a3 Administrative Variance ln� 9 - 100 11 Land Use Amendment ❑ Plat 0 Rezoning Date Reed: Ll Site Plan � Cl Special Exception Petition No.: X Variance ❑ Other:(SEEAPPUCAUONTYPESCHFAYLEOWPAGES3 & a) THIS APPLICATION WILL NOT DE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application Eype at the top of this form and "Required Documentation" checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application, As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City Building Division, For more Information please reference the Dania Beach Land Development Cade Part 6, Development Review Procedures and Requirements, Location Address: Lot(s): 9 Block: 2� Subdivision: ANDERSON'S Recorded Plat Name: Folio Numbers): 504234330121 Legal Description: AND] RSON SUB 34-40 B LOT 9 BIX 2 Applicant/Cansultapt/ egal Representative (circle one) Address of Applicant: ect Daina Beach, F1, 33004 CELL Telephone: <).14-662_6625 Home: E-mail address: � johnrr�'o� eraldre Name of Property Owner: John and Lpcette FitzGerald Address of Property Owner: 715 NW 7 Sreet Daina Bea C.LT,.i, WN3M Telephone:,62-6625 Horne: Fax: Fax: Explanation of Request: Re❑iiesting a variance to omaslate an clevatQ _I S t ljft within ci code For Plafr please provide proposed Plat Name for Variances please attach Criteria Statament4 as per Section 625.40 of the Land Development Cade. Prop. Net Acreage: '19 Gross Acreage: .19 Prop. Square Footage: 8408 Existing Ilse: Residential Proposed Use: _ Resident 1 of 4 Updatod 0212021 Is property owned individually; by a corporation, association, or a joint venture? Individuall AUTHORIZED PtEPRESENTATIV I/we are fully aware of the request being made to the City of Dania Beach. If I/We are unable to be present, I/we hereby authorize _ (individual/firms) to represent me/us in all matters related to this application. I/we hereby acknowledge that the applicable fee was established to offset administrative costs and is not refundable, I/we are fully aware that all approvals automatically expire within 12 months of City of Dania Beach Planning and Zoning board or City Commission approval, or Ours"Pat to the expiration timeframe listed in Part 6 of the Danis Beth 1*an 1 p ent Code. �• T f— - l i �C STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument Was acknowledged BEFORE ME THIS DAY By: skivf�' e7 {print hame of ers n acknowledging} Notary !-,,,o 1�`�w` owner h.. .. (Signature of Notary public -- State of 'd j Personally known or Produced Identification Type of identification produced: ON Wary Public— $ ate of Sgr da • ; ' • Commission p GG 170920 r My Comm, Expires Dec 26.2021 .,, , „ Bonded Ihroiryh Nalboal Nak�ry Agsn, or Drivers License *If joint ownership, both parties mast sign. If partnership, corporatiork or associations, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the application if an authorized agent signs for the owner(s). NO APPL.TCAJrJ'0N WILL BE A UTOMA TMA L L Y SCHEDUL ED FORA MEErI/VG, ALL APPLMATIONSmiIsrBEDErmMINED CONA E rE 8 Y S TA FF BEFORE PROCESSING OCCURS. 2 of 4 updated 0212021 SunSentinel 170RUM P1.1 a LISHING 00UP Order ID: 707JI756 GROSS PRICE " : $279.30 PACKAGE NAME: SSC Notice of Public Meeting NOTICE OF VIRTUAL PUBLIC HE -AIRING CIrYOF DANIA BEACH, FLORIDA A Virtual public licaring will he conducted by the City Of Dania Beach Planning R Zoning Board on the following datO to consider the following appllcatton: DATE: Wednesday, November 17, 2021 TIME: 7.00 p.m. or as soon thoreafl:er as Ma same may be heard pLACr: Planning & Zoning Board Virtual Meeting Please visitwww.daniabeachfl.govNirtuaimectings for detailed instroodons and the spaclfic requirements for paritclpating in the citys virtual quasi- judicial land use meetings, SUBJECT VA•DBE-21: The appllCant•, horneowners John and LUCette FitZgerald, are r& he iquestingo-a Variance to pewter c aoat maxi}mum OFtif#eece to n (115'jHfeeti permitted, enteen feet for property 110-foot wide wat�lway, IoCatad at 715 NW 7TH Street. The tollowing is the proposed ReSDiutfon of the matter; A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF DANtA BEACH, FLORIDA, APPROVING A VARIANCE (VA-085-21)TO SECTION 240-20(K) OF THE LAND DE- VELOPMENT CODE, TO PERMIT A BOAT LIFTING DEVICE TO EXTEN D SEVENTEEN (17') FEET INTO THE 110 FOOT WIDE WATERWAY, WhIERF A MAXIMUM OF FIFTEEN (15') FEET IS PER- MM-El), SUPMITTI=D BYTHC PROPERTY OWNERS JOHN AND LUCETTE WGERALD, FOR PROPERTY LOCATED AT 715 NW 7rH STREET, IN THE 0 Y OF DANIA BEACH, FLORID& A5 LEGALLY DESCRIBED IN EXHIBIT A , A COPY OF WHICH IS ATTACHED TO THIS RESOLU- TION, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFrEC'TIVE DATE. Copies of the proposed requests or applicable information are available on line. For more information, please call the Planning Uvlslon at (954) 924-6805 Fxt 3704 and staff will directyou to the on-line project information. Please be 2dvised that if a person decides to appal anyclecision made by Local Plan- ningAgency, the Planning and 7oning BoaW or the CrLy CommlZon with respect to any matter considered at this hearing, such person will need a verbatim record of the pro- coodings and for this purpose such person may need W ensure [that a verbatim record of 1tiP proceedings is made, which record includes the testimony and evidence upon whidl the appeal is to Wed, The City does not provide cr prepare such record pursuant to F.S. 286.0105. in accordance wide the Americans with DisaDflides ACC, pomns needing assistance to participato in any of these proceedings should contact the city clerk's off -ice , 100 West Dania Beach Boulevard, Dania eeaM. Florida 330D4, (954) 924-6BOO Ext. 3624, at learn 48 hours prig to the meeting Application Information Application site: 715 NW 7 Street Application: Variance Project:T>o request variance to permit a boat lifting; device to extend seventeen (17) feet in to the 110-footwide waterway, wllere a maximum of if on (15) feet is permitted. Applicant: property Owners, John and WCP.tte Fitzgerald Hearing Date & Time: November 17, 2021 at 71DO PM Hearing Location; Planning & Zoning Hoard Virtual Mooting' Please visit wwwAattiaboachfl,20vNirtualmeetirigs for detailed instructions and the spe- cific requlremants for parUcipating In the citys virtual quasi-judicial land use meefio , Contact Information: Wchard Larber, planning & Zoning Manager, (954) 924-4805 Ext 3640 11 /112021 7074756 Prjnted: 1412812021 B:27:56 AM Page 3 of 3 Agency Commission not included OCT 0 7 AFFIDAVIT CITY OF DANIA BEACH, FLO1RWA COM TMTY DEvE)LOPM:ENT DEPARTMENT MAILING LIST AND LABELS DANIA HA,CH NA IT LIVE IT. LOVE IT. STATE OF FLORIDA COUNTY OF Broward BEFORE ME, the undersigned authority, personally appeared Christina Mathews mint Name) who, after being duly sworn, deposes and says: 1. I am an individual over the age of 18 years old and (CB CK APPLICABLE SPACE) I am the property Owner of the property identified below, OR x I represent to the City of Dania Beach, Florida that I am an authorized agent and representative of the property owner(s), John P. & Lucette Fitzgerald , (Prins Name of Property Owner) for the property located at 715 NW street (the "Property"), and this (Address) sworn statement pertains to the application for Variance_ - (Briefly describe application, such as "site plan Wrova.I" or a "varigMe or a "special exemption') relating to Petition number(s) 2. Pursuant to Sec. 610-20(D) of the, Land Development Code ("LDC") of the Code of Ordinances of the City of Dania Beach, Florida, I understand that there is a mailing date deadline for notices and that as the applicant for the petition, I must provide the City with: a One (1) set of Mailing Labels, and • On.e (I) copy of the mailing list for all property owners who or which own property Iocated within 1,000 feet of the subject property. I understand that 1 am legally responsible for timely providing the City with the mailing labels and mailing list a minimum of twenty-five (25) days prior to the mailing date (for projects which may have more than 200 mailings, 1 understand that City staff may request labels even earlier). The mailing date is _ 20 . I am also aware that pursuant to LDC Sec. 610-30(D)(3), "[Tjhe mail notice shall contain substantially the same information as provided in the newspaper advertisement for the same application, and shall also contain the legal description of the subject property, the approximate relation to the nearest cross street(s) and a map or demarcated aerial photograph showing its approximate size, location and relationship to adjacent propetlies." 4. If do not timely provide the mailing labels and mailing list, the City will need to delay the processing of the application. PRINT Name Title Title IF CORPORATION LIMITED LIABILITY COMPANY LU IITED PARTNERSHIP OR OTHER ENTITY: Cutro & Associates (Fu Lagal Name fCorporation or ) ature Christina Mathews PRINT Nance rang Title On September 29 , 20" personally appeared Christina Mathews and (if applicable, if there is a co-owner) as the Owner(s) of the property described above. 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W cn A O o O z m Iz cci# i} N tu !n Ln m 3 Iz I-< j a I0 IQ I� .. ........................ w O w'iw EIw OO O w N 41 i 41 ns iv EJ co J J d .J ........... 4 43, T I `• ... ........ .... 3 mI� V71 h f/�I o3 4I (A D p [(]] t7 0 nFl F w w J NU CO g O i r- ry= 2F N I rn W= WI E) CITY OF DANIA BEACH S AIdLIVEIT.I3LWE 0. COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 17, 2021 TO: Planning and Zoning Board FROM: Eleanor Norena, CFM, Director :.rCorinne Lajoie, AICP, Assistant Direc2,--`Carhneor Lajole C1 Richard Lorber, AICP, Planning and Zoning Manager SUBJECT. TX-080-21: The applicant, City of Dania Beach, is requesting several text amendments to the City's Code, to adopt amendments and refinements to the Land Development Code. REQUEST TEXT AMENDMENT (1) Amending Section 105-180, entitled "E-1 district;" to add reference to newly enacted state legislation affecting the Estate Residential use districts; (2) Amending Section 110-20, entitled "List of permitted, special exception and prohibited uses" to clarify regulations for kennels and veterinarians; (3) Amending Section 110-100, entitled "Hotels" to permit hotel shuttle vehicles to park at hotels; (4) Amending Section 110-190, entitled "Uses subject to minimum separation distances" to specify door-to-door distance separation measurement; (5) Amending Section 110-320, entitled "Mobile food vending conditions of use" to address the sunset provision: (6) Amending Section 215-50, entitled "Permitted yard encroachments in the E- 1, PS-18000, RS-12000, RS-8000, RS-6000, NBHD-RES, and RD-8000 districts" to amend mechanical equipment setbacks and add canopies and gazebos; (7) Amending Section 215-60, entitled "Permitted yard encroachments in the RM, RM-1 and RM-2 districts" to identify mechanical equipment setback requirements; (8) Amending Section 215-90, entitled "Accessory structure setbacks" to clarify air conditioning unit setbacks for mobile homes; (9) Amending Section 220-65, entitled "Rooftop photovoltaic solar systems; Go Solar- Broward rooftop solar challenge permitting process:" to eliminate reference to an expired Broward County solar program; (10) Amending Section 276-90, entitled "Perimeter buffer landscape requirements for Vehicular Use Areas (VUAs)" to conform wall height regulations with other sections of the land development code; Planning & Zoning Board November 17, 2021 Page 2 (11) Amending Section 303-40, entitled "City Center (CC) District" to correct figure 303-7 City Center District map; (12) Amending Section 610-20, entitled "Table of public notice requirements" to modify the requirement for posting at city hall and on city website from ten (10) days to five (5) days; (13) Amending Section 620-40, entitled "List of authorized administrative variances" to clarify permitted administrative variances; and (14) Amending Section 675-20, entitled "Temporary uses authorized" to clarify rules for temporary uses and special events. PUBLIC HEARING NOTICE This item was duly advertised, posted and noticed pursuant to Article 610 of the LDC. On September 14, 2010, the City Commission approved the City's new Land Development Code (LDC) referred to as OneCode. As staff continues to use the new regulations, scrivener's errors, inaccuracies and vague, imprecise or ambiguous language continues to emerge, some of which staff is proposing to address at this time. In addition, over time any set of regulations becomes antiquated unless periodically updated. The following amendments to the Unified LDC are proposed: (1) E-1 DISTRICT This amendment adds a provision to acknowledge that Agricultural Farm operations as governed by the Florida Right to Farm Act, Chapter 823A4 Florida Statutes are authorized for agricultural farms permitted in this zone. (2) REGULATIONS FOR KENNELS AND VETERINARIANS This adds clarification that kennels and veterinarians in mixed -use districts shall be located in a freestanding building not containing other uses other than restricted, entertainment or industrial uses, provided that pet supply stores that do not house or display dogs or exotic birds (parrots, parakeets and other vocal varieties) are not subject to this requirement, (3) HOTEL SHUTTLE VEHICLES PARKING Clarifies that a maximum of two (2) hotel owned and operated passenger vans per 100 rooms may be parked and stored overnight on site, provided vehicles are not visible from a public street. (4) MOBILE FOOD VENDING Removes the provision sunsetting the ordinance in January 2022_ (5) DISTANCE SEPARATION MEASUREMENT Clarifying that distance separation measurements for medical marijuana dispensaries and pharmacies are to be measured from front door to front door. Planning & Zoning Board November 17, 2021 Page 3 (6) SETBACK ENCROACHMENTS FOR SINGLE-FAMILY DISTRICT Amending Section 215-50, governing permitted yard encroachments in the Single-family residential zoning districts, to permit pool equipment and related equipment to be located no closer than five (5) feet of a side yard lot line. (7) SETBACK ENCROACHMENTS FOR APARTMENT DISTRICTS Amending Section 215-60, governing permitted yard encroachments in the RM, RM-1 and RM-2 Multifamily Residential Districts, to clarify that at -grade air conditioning units, heating units, pool pumps, and related equipment must provide a minimum of five (6) feet setback from any interior side or rear lot line, including sun canopies and gazebos- (8) AIR CONDITIONING UNIT SETBACKS FOR MOBILE HOMES Clarifying required setbacks for air conditioning units for mobile homes in Section 215-90 governing the Residential Mobile Home (RMH) District. (9) RULES FOR ROOFTOP SOLAR PANELS Removing outdated references to expired Broward County solar program. (10) LANDSCAPE REQUIREMENTS FOR PARKING LOTS Conforming the wall height regulations of Section 275-90, entitled "perimeter buffer landscape requirements for Vehicular Use Areas (VUAs)" with other Sections of the Land Development Code; (11) CITY CENTER DISTRICT MAP Corrects Figure 303-7, the City Center District Map, to conform to the existing zoning district boundaries. (12) PUBLIC NOTICE REQUIREMENTS Amending the table of public notice requirements in Section 610-20, to modify the requirement for posting at city hall and on city website from ten (10) days to five (5) days. (13) PERMITTED ADMINISTRATIVE VARIANCES Clarifying that administrative variances for required pervious area for a single family home may only be approved up to a a maximum of five (5) percent, reduced from ten (10) percent. (14) RULES FOR TEMPORARY USES AND SPECIAL EVENTS Removing reference to the Parks and Recreation Director for estimating crowd attendance, and removing the reference to single day events for places of worship with in the City. This application requires two (2) public hearings by the City Commission. PLANNING AND ZONING BOARD ACTION Recommend approval to the City Commission. ORDINANCE NO.2022- THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO UPDATE CEWrAJN PROVISIONS OF CHAPTER 28, ENTITLED ":LAND DEVELOPMENT CODE" (TI-M "LDC") BY: (1) AMENDING SECTION 105- 180, ENTITLED "E-1 DISTRICT;" TO ADD REFERENCE TO NEWLY ENACTED STATE LEGISLATION AFFECTING THE ESTATE RESIDENTIAL USE DISTRICTS; (2) BY AMENDING SECTION I10-20, ENTITLED "LIST OF PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES" TO CLARIFY REGULATIONS FOR KENNELS AND VETERINARIANS; (3) BY AMENDING SECTION 110-100, ENTITLED "HOTELS" TO PERMIT HOTEL SHUTTLE VEHICLES TO PARK AT HOTELS; (4) BY Al1NDING SECTION 110-320, ENTITLED "MOBILE FOOD VENDING CONDITIONS OF USE" TO ADDRESS THE SUNSET PROVISION; (5) BY AMENDING SECTION 110-190, ENTITLED "USES SUBJECT TO MINIMUM SEPARATION DISTANCES" TO SPECIFY DOOR-TO- DOOR DISTANCE SEPARATION MEASUREMENT; (6) BY AMENDING SECT -ION 215-50, ENTITLED "PERMITTED YARD ENCROACHMENTS IN THE E-1, RS- 18000, RS-12000, RS-8000, RS-6000, NBHD-RES, AND RD-8000 DISTRICTS;" (7) BY AMENDING SECTION 215-60, ENTITLED "PERMITTED YARD ENCROACHMENTS IN THE RM, RNI-1 AND RM-2 DISTRICTS;" (8) BY AMENDING SECTION 215-90, ENTITLED "ACCESSORY STRUCTURE SETBACKS" TO CLARIFY AIR CONDITIONING UNIT SETBACKS FOR MOBILE HOMES; (9) BY AMENDING SECTION 220-65, ENTITLED "ROOFTOP PHOTOVOLTAIC SOLAR SYSTEMS; GO SOLAR- BROWARD ROOFTOP SOLAR CHALLENGE PERMITTING PROCESS;" TO CLARIFY RULES FOR ROOFTOP SOLAR PANELS; (10) BY AMENDING SECTION 275-90, ENTITLED "PERIMETER BUFFER LANDSCAPE REQUTREMENTS FOR VEHICULAR USE AREAS (VUAS)" TO CONFORM WALL HEIGHT REGULATIONS WITH OTHER SECTIONS OF THE. LAND DEVELOPMENT CODE; (11) BY AMENDING SECTION 303-40, ENTITLED "CITY CENTER (CC) DISTRICT" TO CORRECT FIGURE 303-7 CITY CENTER DISTRICT MAP; (12) BY AMENDING SECTION 610-20, ENTITLED "TABLE OF PUBLIC NQ'1'ICE REQUIREMENTS" TO MODIFY HE REQUIREMENT FOR POSTING AT CITY HALL AND ON CITY WEBSITE- FROM TEN (10) DAYS TO FIVE (5) DAYS; (13) BY AMENDING SECTION 620-40, ENTITLED "LIST OF AUTHORIZED ADMINISTRATIVE VARIANCES" TO CLARIFY PERMITTED ADMINISTRATIVE VARIANCES; AND (14) BY AMENDING SECTION 675-20, ENTITLED "TEMPORARY USES AUTHORIZED" TO CLARIFY RULES FOR TEMPORARY USES AND SPECIAL EVENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SE'V'ERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28 of the City's Code of Ordinances, entitled the "Land Development. Code;" and WHEREAS, the City desires to update certain provisions of the Land Development Code due to changes in state law, and for other clarification purposes; and WHEREAS, the City Corrunission wishes to amend existing sections of the Code of Ordinances to ensurc further clarity to the City's Code; BE IT ORDAU47D BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA Section 1. That the City of Dania Beach's Code of Ordinances, at Chapter 28, entitled "Land Development Code," is amended to read as follows: CHAPTER 28 LAND DEVELOPMENT CODE PART 1. USE REGULATIONS ARTICLE 105 — USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS See. 105-180. - Detailed use regulations for the E-1 District. The following uses of land that existed at the date of adoption of this code shall be considered conforming uses, subject to the standards and requirements of this section: (A) ,Agriculture, including the repair of vehicles and equipment necessary for operation of a farm. The keeping, breeding and use of animals is limited to the following: (1) Breeding, raising or keeping of one (1) animal for each full ten thousand (10,000) square feet of lot area. This restriction does not apply to householdts. (2) On lots exceeding four and one-half(4.5) acres in net area, one (1) additional animal is permitted for each full ten thousand (10,000) square feet of lot area, provided all animals are sheltered, (3) There is no animal limit on lots exceeding ten (10) net acres in size. (4) The following are permitted on a lot containing a permanent dwelling: a total oftwcnty-five (25) birds and fowl, provided they are kept in an enclosure at least fifty (50) feet from any lot line; and wildlife pets as permitted and licensed by the state. Offspring under the normal weaning age for the species are not included in calculating the number of animals. (5) Agricultural Farm operations as govemcd bX the Florida -Right to Farm Act, Chapter 823,14 Florida Statutes_ are authorized for agricultural farms. ARTICLE 110. — USE REGULATIONS FOR COIVIIVW RCIAL AND MIXED USE DISTRICTS Sec. 110-20. List of permitted, special exception and prohibited uses. MIXED -USE. DISTRICTS COMMERCIAL ZONING .DISTRICTS CRA FORM -BASED DISTRICTS C.,c<,:enrl 13 - Permitted 11(4) - Permitted subject to Esumbered footnote A - Permitted accessory use only Sit - Permitted special exce tipn use only� - Not permitted C A U USES U U U Kennel subject to Section P P NP NP 302w20 A 2I . Veterinarian, animal NP NP P P 13 P P NP SE P P hospital, excludin boardin Sec. 110-100. - Hotels. (A) Hotels shall comply with the fallowing conditions; A maximum of two hotel owned and operated passenger vans J2er 100 rooms may be parked and stored overnight on siteprovided vehicles are not visible from a ub]ic street. Sec. 110-190. Uses subject to minimum separation distances. (C) The following locational and distancing requirements shall apply to pain management clinics, retail pharmacies, and medical marijuana retail centers, as these uses are defined in section 725-30 of the code. (6) Measurements of distance between the above referenced uses shall be measured as the linear distance from front door to front door. Sec. 110-320. Mobile food vending conditions of use. The following conditions are applicable to mobile food vending operation, unless associated with a special event in accordance with article 675. (A) Licensing prerequisites for operation. Mobile food vendors must: have a City of Dania Beach Business Tax Receipt and all required State of Florida and Broward County licensing. No more than twenty (20) mobile food vendor business tax receipts shall be issued by the City in any caIertdar year. Mobile food vendors permitted to operate in the City shall only be licensed to operate for a fiscal year and must be renewed on an annual basis. (Q) On -Site .Location, Mobile food vendors shall: (1) Be located only on private commercial or industrial property fronting on an arterial corridor, with written approval from the property owner; and (2) Be separated at least two hundred (200) feet from any existing single family home or any existing restaurant during the hours of operation of said nearby restaurant; and (3) Be located a minimum of ten (10) feet from any right-of-way or sidewalk; and (4) Not be located in handicapped parking spaces, fire lanes or loading zones; and (5) Not block access to required parking for a simultaneously operating business on the property according to the City's parking requirements*; and (6) Not disrupt vehicular or pedestrian circulation for ingress or egress of the property; and (7) Not located in any right-of-way; and (8) No more than one (1) truck permitted on site at any time; and (9) Arealsite shall be clear/clean of any garbage, debris and litter and shall restore the area/site to its original condition within thirty (30) minutes of the last sale. (D,g) Otherprohibitions. Mobile food vendors shall be prohibited from: (1) Operating more than four (4) hours per location; and (2) Operating outside the hour's between 9;00 a.m. - midnight; and (3) Operating a Freestanding electric generator; and (4) Operating any type of amplified speaker system or playing music of any kind; and (5) Selling or providing alcohol; and (6) Using or distributing styrofoam containers or cups; and (7) Using or distributing plastic straws; and (8) Utilizing free standing signage except for one (1) free standing menu sign; and (9) Participating in a mobile food vendor event, without a special event approval in accordance with article 675, „temporary use and special event permits;" and (10) No food truck shall be permitted at the same site for more than thirty (30) consecutive days. E3 ARTICLE 215.- SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE, IMPERVIOUS AREA AND OPEN SPACE Sec. 215-50. Permitted yard encroachment's in the E-1, RS-18000, RS-12000, RS-8000, RS- 6000, NBHD-R ES, and RD-WO Districts. (E) At -grade air conditioning units, beating units, pool pumps, and related equipment shall not be located in a front yard or within seven (7 five 5 feet of a side yard lot line. Such devices, and related equipment, may be located in a required rear yard provided a minimum five-foot setback is provided to any property line. Existing air conditioning, heating, and pool equipment that was installed with proper permits, but does not comply with the locational requirements of this section, may be replaced at the same location. Variances from the required yard setbacks for at -grade air conditioning units shall be considered pursuant to Article 620, "Administrative Variances." (F) At -grade generators and fuel tanks may encroach into required yards as provided in section 285-210 (Emergency generator regulations). (G) Patios, pools, and screened pool enclosures may encroach into required interior side yards and rear yards as provided in section 105-60 (Swimming pool regulations). (Id) Patio and decks sun canopies and gazebos not associated with a pool shall provide a ininimum of S foot setback from any internal and rear property line. Sec. 215-60. Permitted yard encroachments in the RM, RM-1 and RM-2 districts. (A) Cornices, chimneys, balconies and fire escapes may extend not more than four (4) feet from a principal building into any required yard. (B) Walkways, ramps or steps may extend into required side or rear yard no closer than two (2) feet to adjacent property lines provided no part exceeds three (3) feet in height above the grade. (C) Allowable encroachments are permitted subject to the requirements for encroachments in the RS and RD districts unless otherwise specified herein. (D) Fences and walls pursuant to article 235. (E) Landscape materials. (F) utility boxes. (G) Other accessory structures, as provided in section 215 90 (accessory structure setbacks). (I) Patio, deck, screen enclosures, sun canopies or gazebos not ;associated with a pool shall provide a minimum of a five (5) feet setback from any interior or rear property line, and a minimum of ten (10) feet from any street side property line. (I) At -grade air conditioning units heating unitspool um s and related equipment shall provide a minimum of five 5 feet setback from any interior side or rear lot line. Sec. 215-90. Accessory structure setbacks. Certain accessory structures are permitted to encroach into required yards, as follows. All other accessory structures are subject to principal structure setbacks. (B) Accessory buildings and structures in the RMHDish'ict. (5)At izrade air conditioner units heating units or other mechanical equipment shall not be located in a front yard and may be located in the side or rear yard provided a minimum five foot 5' setback from the side and rear prol2enty line is provided. ARTICLE 220.- SUPPLEMENTAL BUILDING AND STRUCTURE HEIGHT REGULATIONS INCLUDING LOWEST FINISHED FLOOR); ROOFTOP RJEGULATIONS Sec. 220-65. - Rooftop photovoltaic solar systems; Go SOLAR- Broward Rooftop Solar Challenge permitting process, (1) Intent. The provisions contained in this section are intended to promote the health, safety, and general welfare of the citizens of the city by removing barriers to the installation of alternative energy systems and to encourage the installation of rooftop photovoltaic solar systems r:n r.r-nnnC-MI IrIr-_. OnT AD t]-....,.....a b.,r,4— Q. La.- (2) Definitions. For purposes of this section, the following terins shall have the meaning prescribed in this section: Roof line; The top edge of the roof which forms the top line of the building silhouette or, for flat roofs with or without a parapet, the top of the roof. Rooftop photovoltaic solar system: A system which uses one (1) or more photovoltaic panels installed on the surface of a roof, parallel to a sloped roof or surface- or rack -mounted on a flat roof, to convert sunlight into electricity. (3) Permitted accessory equipment. Rooftop photovoltaic solar systems sha11 be deemed permitted accessory equipment to residential and commercial conforming and nonconforming buildings and structures in all zoning categories. Nothing contained in this chapter, including design standards or guidelines included or referenced in this section, shall be deemed to prohibit the installation of rooftop photovoltaic solar systems as accessory equipment to conforming and nonconforming buildings, including buildings containing nonconforming uses, ARTICLE 275.- LANDSCAPING REQUIREMENTS See, 275-90. - Perimeter buffer landscape requirements for vehicular use areas (VXJM), (B)Multifamily residential developments. (I)Required landscaping adjacent to public rights -of -way. On the site of a building or open lot use providing a VUA, where such area will not be entirely screened visually by an intervening building or structure from any abutting street right-of-way, there shall be provided landscaping between such area and such Abutting right-of-way or property as follows: (a) ,A strip of land at least ten (10) feet in depth located between the abutting right-of-way and the VUA shall be landscaped. The required landscaping shall include one (1) tree for each thirty (30) linear feet or fraction thereof as measured along such abutting right-of-way. (b) Such trees shall be located between the abutting right-of-way and VUA, arranged to best enhance the property. In addition, a continuous hedge, wall or other durable landscape barrier shall be placed at no closer to the VUA than five (5) feet and shall be maintained at three (3) feet minimum height (after establishment) but not higher than five (5) six 6 feet above the adjacent VUA and the abutting property. (2) Required landscaping adjacent to abutting property. A strip of land a minimum of five (5) feet iu depth located between the abutting property and the vehicular use area shall be landscaped. This paragraph does not apply in the following CRA form -based zoning districts! CC, SFED- MU, EDBB-MU, NBHD-MU. The required landscaping shall include one (1) txee for each forty (40) linear feet or fraction thereof as measured along said abutting property. Such tree shall be located between the abutting property and the VUA, arranged to best enhance the property. Jn addition, a continuous hedge, wall or other durable landscape barrier shall be placed no closer to the VUA than five (5) feet and shall be maintained at three (3) feet minimum height, but not higher than five ffysix 6 feet above the adjacent VUA and the abutting property, provided a wall is not required in the following CRA form -based zoning districts: CC, SIwED-MU, EDBB-MU, NBHD-MU. If such durable landscape barrier is of nonliving material, one (1) shrub orvine shall be planted along both sides of the nonliving material at the rate of one (1) plant for each four (4) feet arranged to best enhance the property. The remainder of the required landscape area shall be landscaped with turf, ground cover or other landscaping excluding pavement. This buffer shall not be counted toward meeting the requirements of section 275-100 of this article. ARTICLE 303.- DISTRICT DE VIELOPMENT STANDARDS Sec. 303-40. City Center (CC) District. (D) Generalized permitted uses (see article 302 far specific uses and conditions of use). Figure 303-7 City Center District Map *the graphic above, showing bubbled areas, reflect properties that were previously rezoned to CC and are therefore being added to this graphic so it may accurately reflect the entire CC zoning district. This is for illustration purposed only and not for codification. *the below graphic for insertion in the codified code. LEcewo cka Cantu - �IeN.t _ SeCbneaMl - �� y,�• y Wool- 3RI5 PL�. •V *A, PIMe781n.1. I , W4Rl).TF W' PT]mllrySlr.ar. y - _ NL%ktl)v " • e000+utivoa —' � - MNShve {N. Cr NLIiN9'PL �( y SW all • HM9 W I A'Iw i� r 8. Ped—("wr r sw 2 r A 'A • �v Fit Wd S� Jr 1' h • ��� _� � r •wL ro. -. in ruae ARTICLE 610,- PUBLIC HEARING NOTICES See, 616-20. Table of public notice requirements. APPLICATION REQUIRED TIMING OF NEWSPAPER MAIL SIGN Posting at TYPE PUBLIC NOTICE NOTICE NOTICE POSTING City Hall HEARINGS (minimum FORMAT (see RADIUS REQUIRED? and on number of suction 610-30 City days prior to for Website public hearing requirements) that notice must be given, unless otherwise specifically provided herein Administrative City 14 days Standard Ad Within No 4-0 5 days Appeal Commission 1,000 feet Administrative None 14 days prior Not Required Within No 4-0 5 days variance to 1,000 feet administrative action Code Planning and 14 days Standard Ad Not No 4-0 5 days amendments to Zoning Rcquired Part 1 (Use Board* Regulations) City 14 days Large Ad Not No 4-0 S days Commission Required (first reading) City 14 days Large Ad Not No 4-0 5 days Commission Required (second readin Code Planning and Not Required Not Required Not No 4-0 5 days amendments to Zoning Required other than Part 1 Board* City Not Required Not Required Not No 4-0 5 days Commission Required (first reading) City 14 days Standard Ad Not No 4-0 5 days T Commission Required (second reading) Comprehensive Planning and 14 days Standard Ad Not No 4415 days Plan text Zoning Required amendments, Board other City 14 days Standard Ad Not No 4-0 5 days Commission Required (first reading) City 14 days Standard Ad Not No 4-0 5 days Commission Required (second reading) Land use map Planning and 14 days Standard Ad Within 'Yes 4-4 5 days amendment Zoning 1.,000 feet (small scale per Board* F.S. § 163.31 S7 1 c City Not Required Not Required Not No 4-0 5 days Commission Required (first reading) City 14 days Standard Ad Within Ycs 44 S days Commission 1,000 feet (second reading adoption)_ Land use map Planning and 14 days Large Ad Within 'Yes, for map 4-0 5 days amendment, Zoning 1,000 feet amendments other or change Board* for map ** to list of amendme permitted Uses nts in land use category_ City 14 days Large Ad Within Yes, for map 41-0 5 clays Commission 1,000 feet amendments (first for map ** reading) amendme sits City 14 days Large Ad Within Yes, for map 44 5 days Commission 1,000 feet amendments (second for map reading) amendme nts Plat City 14 days Standard Ad Within Yes +0 5 days Commission 1 1,000 feet Site Plan Director of Within 5 days Not Required Within Yes None Review, Small- Community following 1,000 feet Scale Developmen administrative t review only action (no public hearin Planning & 14 days Standard Ad Within Yes 40 5 days Zoning 1,000 feet Board Site Plan City 14 days Standard Ad Within ices 4-0 5 days Review, Large- Commission 1,000 feet Scale Special Planning & 14 days(2) Standard Ad Within yes(,) 4-0 5 days Exception 'Zoning 1,000 (2) Board') 2 feet City 14 days Standard Ad Within Yes 4-0 L days Commission 1,000 feet Rezoning Planning and 14 days Standard Ad Within Yes 4-9 5 days initiated by the Zoning 1,000 feet City for fewer Board* than 10 contiguous acres City 14 days Not Required Within Yes 4-0 5 days Commission 1,000 feet (first reading) City 14 days for Standard Ad Within Yes 4-0 5 days Commission Ad 30 days 1,000 feet (second for mail reading) notice Rezoning Planning and 14 days Standard Ad Within Yc4" ''` 44G 5 days initiated by the Zoning 1,000 feet City for 10 or Board* more contiguous aCl'e5 City 14 days Large Ad Within Yes** 40.5 days Commission 1,000 feet (first readin — City ] 4 days Large Ad Within Yes`'.;,- 4-9 5 days Commission 1,000 fect (second readin Rezoning planning and 14 days Standard Ad Within Yes -�9 5 days initiated by the Zoning 1,000 feet 2roporty owner Board* City 14 days Standard Ad Within Yes 4W 5 days Commission 1,000 feet (first reading) City 14 days Standard Ad Within Yes +0 5days Commission 1,000 Feet (second reading) Temporary use City 14 days Standard Ad Not No -W 5 days Commission Required Vacation of Planning and 14 days Standard Ad Properties Yes 4-0 5 days right-oF way Zoning fronting Board the street segment proposed far vacation City 14 days Standard Ad Properties Yes 4-9 5 days Commission fronting the street segment proposed for vacation Variance Planning & 14 daysi27 Standard Ad(') Within YCSM 4-9 5 days T Zoning 1,000 (2) Boardttl feetM City 14 days Standard Ad Within Yes 44 5 days Commission 1,000 feet Waiver of Planning and 14 days Standard Ad Within Yes 4-9 5 days distance Zoning 1,000 feet separation for Board establishments serving liquor pursuant to sec. 110-SO E City 10 days Standard Ad Within Yes 40 5 days Commission 1,000 feet ARTICLE 620.- ADMINISTRATIVE VARIANCES Sec. 620-40. List of authorized administrative variances, (A) The community development director is authorized to approve the following variances for single-family homos (and as to two-family homes existing as of the date of adoption of this article, the provisions of subparagraph (A)(1) and (A)($) below shall also apply), without review by the planning and. zoning board and the city commission: (1) Reduce required yards for a single-family home by a maximum often (10) percent, not to exceed a maximum of a two (2.) foot variance, (2) Reduce of the required pervious area for a single family home by a maximum of five 5 ten (10 percent. ARTICLE 675.- TEMPORARY USE AND SPECIAL EVENT PERMITS Sec. 675-20. Temporary uses authorized. (A) All temporary uses or special events inust be located on developed property with an active business tax .receipt issued by the City, or upon City property as authorized in accordance with this article, and must meet one of the following criteria: (1) The temporary use or special event must benefit a business currently licensed and occupying a permanent place of business in the City; or (2) The temporary use or special event must benefit a not -for -profit entity or charitable organization; or (3) The temporary use of special. event must be organized and operated solely for charitable purposes; or (4) The temporary use or special event must be a private gathering. This section does not to apply to local shows or amusements held in theaters, auditoriums or permanent buildings designed and permitted for assembly uses. City sponsored events .. ithi.. e rif,. arc exempt from this requirement. (I3) The following temporary uses and special events shall be approved by the City Commission after staff review and recommendation, as provided in this subsection: (1) Events with more than five hundred (500) persons in attendance Wit: d by the Parks am' (2) Consecutive multi -day events; or The City Commission may, in its initial resolution approving a temporary use, authorize the subsequent: administrative approval by the City Manager or designee of a future event or use that recurs on a regular basis (e.g., approved events or uses recurring annually, or approved events or uses recurring seasonally but no more than four (4) times per calendar year) at specific locations except as provided in section 675-20(1~) and section 675-20(G). Recurring events subject to administrative approval shall be consistent with all terms and conditions provided in the original resolution providing for temporary use approval. Section 2. That if any section, clause, senteltce or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on December 14, 2021. PASSED and ADOPTED on second reading an January 11, 2022. ATTEST: THOMAS SCIIDER CITY CLERK TAMAiZA JAM1.S MAYOR APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 X3643 (954) 922-2687 Fax OANIA IT. tOVE BEACH Standard Development Application 8 Q Administrative Variance Land use Amendment Plat Rezoning Site Plan Special Exception Variance Other: TEXTAMENOWNT Date Rec'd: 9/153/2021 Petition No.: TX-080-21 (SEE APPL TCA rrON TYPE scR E'DULF ON PA.'FS 3 & 4) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the appllcation type at the top of this form and "Required Documentation" checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may Impact upon the disposition of your application, As always, the app[Icant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City Building Division. For more Information please reference the Dania Beach Land Development Code Part 6, Development Review Procedures and Requirements. Location Address: Citywide LoL(s): Block: Subdivision: Recorded Plat Name: n/a Folio Number(s): Legal Description: Applicant/Consultant/Legal Representative (circle one) City of Dania Beach — Address ofAppllcant: 100 W. Dania Beach Boulevard, Dania Beech, FL 33004 Business Telephone: 954-924-6805 Horne: - 1=-mall address: rlorber LiDdaniabeach1gov Name of property Owner: n/a Address of Property Owner: n1a Business Telephone: Home: Fax: Fax: Explanation of Request: Text Amendment - various items for clarification, etc. For Plats please provide proposed Plat Name for Variances please attach Criteria State en as per Section 525.40 of the Lanai Development Code. Prop. Net Acreage: Gross Acreage: Prop, Square Footage' Existing Use: Proposed Use: 1 of 4 updated 1112021 Is property owned individually, by a corporation, association, or a joint venture? era AUTM RIZED REPRESENTATIVE Ijwe are fully aware of the request being made to the City of Dania Beach. if I/We are unable to be present, I/we hereby authorize (individual/firm) to represent mejus in all matters related to this application. I/we hereby acknowledge that the applicable fee was established to offset administrative costs and is not refundable. I/we are fully aware that all approvals automatically expire within 12 months of City of Dania Beach Planning and Zoning Board or City Commission approval, or pursuant to the expiration timeframe listed in Part G of the Dania Beach Land Development Code. STATE OF FLORIDA COUNTY OF BROWARD By: The foregoing instrument (DV Was acknowledged BEFORE M E THIS DA'Y OF Oifen1 r 20_kl_ re*) By: (Print name of per on ackno(vlodging) (Joint owner signature if applicable) Natary _ 4 (Signtu a aof Notary Public — State of'r Personally known or Produced Identification Type of identification produced: .ti� ay'., 19EL LARICtSI$ARGUcti Natary Public • State Of "larica Commission17069 'to d�•, My Comm. Expires Apr .3. 2075 .. �pnC4� Lhr4U�h Ndtior-ai Na[EfV a55r. or Drivers License *If joint ownership, both parties must sign. If partnership, corporation or association, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the aoolication if an authorized agent signs for the owner(s). NO APPLICATION WILL BE AUTOMA TICALL Y SCHEDULED FOR A MEE77NG. ALL APPLICATIONS MUSrm DETERMINED COMPLETE BYSTAFF BEFORE PROCE'�S'SMG OCCURS 2 of 4 Updated 1112021 1 unSentine1 Printed: 10/28/2021 8:43:56 AM Page 2 of 3 FORUM PU00SHTI494POUP Order ID: 7074800 ` Agency Commission not included GROSS PRICE " : $396.80 PACKAGE NAME: SSC Notice of Public Meeting Product(s): Sun Sentinel, Affidavit, Floridapublicnotices.com AdSiae(s); 2 Column Run ❑ate(s): Monday, November 1, 202-1 Zone: Full Run Color Spec, 61W Preview NOTICE OF VIRTUAL PUBLIC }TEARING CITY OF DANIA BEACH, FLORIDA A Virtual public Hearing will be canductied by the City of Dania N3 idi Planning & zoning Board on the fo Dong date to consider the fallowing 8jTI1Cad0R: DATE: Wednesday, NOVOrnbnr 17, 2021 TIME: 7:013 P.M, OT as soon ftreafter as the sari►- may b1 heard pLA10E: Planning & Zoning BOard'Vlrtual Meeting please visit wwwdaniabpachfl.gov/Virtuairneetings for detailed 1110'0001ls and the specific requlremonts for patcipating in fife Clty's virtual quasi judldal land use (wtings. St)RiECT: TX-080-21'.The applicant, City of Dania Beach, Is requesting seVMI text anjon ments to Ble (:1t)(s code, to adopt amendments and (eflnaments to the Land Development Code Tho iaik)wing is the prOPosed ofdinanre of the matt': AN ORDINANCE OFTHE CITY COMM4SSION OFTHE CITY OF DANIA BEACH, FLORIDA, RELATING TO UPDATE CERTAIN PROVISIONS OF CHAPTER 28, ENTITLED "LAND DEVELOP- MENT CODC" {THE "LDC") BY. (1) AMENDING SECTION 105-180,ENT11LEC7 "E-1 DISTRICT," TO ADD REFERENCE TO NEWLY ENACTED STATE LEGISLA(K.)N AFFECTING THE ESTATE: RESIDENTIAL USE DISTRICTS; (2) BY AMENDING SECTION 110-20, ENTITLED "LIST OF PERMITTED, SPECIAL EXaPTION AND PROHIBITED USES"TO CLARIFY REGULATIONS FOR KENNELSAND VETERINARIANS; (3) 9Y AMENDING SECTION 110-100, ENTITLED "II0TEL5" 70 PERMIT HOTEL SHUTTLE VEHICLES TO PARK AT HOTELS, (4) BY AMENDING SECTION 110-320, ENTITLI9D "MOBILE FOOD VENDING CONDITIONS OF USE -TO ADDRESS THE SUNS# T PfROVISION, (5) BY AMENDING SECTION 110-190, ENTITLED USES 5U13lECTTO MINIMUM SEPARATION DISTANCES" TO SPECIFY DOOR-TO-DOOR DISTANCE SEPARA- TION MEASUREMENT; (6)BYAMENDING SECTION 215�50, ENTITLED "PERMITT1rDYARD ENCROACHMENTS WTHE E-1, R5-18000, R5-1200I1, RS-8000, 115-6000, NBHD-RES,AND RD•8000 DISTRICTS;" (7) BY AMENDING SECTION 215-60, ENTITLED PERMITTED YARD E NCROACHMENTS IN TILE RM, RM•1 AN RM-2 DISTRICTS;" (8) SY AMENDING SECTION 215-80, ENTTTLEI] "PERMITTED YARD ENCROACHMENTS IN OTIAER ZONING DISTRICTS"; TOCLARIFY YARD UNCROACHMENTS, (10) 9Y AMENDING SECTION 215.90, ENTITLED ACCESSORY STRUMRE SET13ACK5" TO CLARIFY AIR CONDITIONING UNIT SETBACKS FOR MDOILE HOWES; (11) BYAMENDING SE-CTION 220-65, ENTITLED "ROOFTOP PHOTO- VOLTAIC SOLAR SYSTEMS; GO SOLAR- BROWARD ROOFTOP SOLAR CHALLENGE PERMIT- TING PROCESS;"TO CLARIFY RULES FOR ROOFTOP SOLAR PANELS, (12) BYAMENDING SECTION 275-90, ENTITLED "PERIMETER 13UFFFR LANDSCAPE REQUIREMENTS FOR VEHICULAR USE AREAS (VIAS)"TO CONFORM WALL HEIGHT REGULATIONS WITH OTHER SECTIONS OFTHE LAND DEVELOPMENT CODE, (13) BY AMENDING SECTION 303.40, EN- TITLEO"GITY G1 NTER (CC) DISTRICT"To CORRECT FIGURE 303-7 CITY CENTER DISTRICT MAP; (14) BYAMENDING SECTION 610-20, ENTITLED "TA13LE OF PURL{C NOTICE RE- QUIREMENTS -TO MODIFY THE REQUIREMENT FOR POSIING AT CITY HALL AND ON CITY WEOSTTC FROM TEN (10) DAYS TO FIVE (5) DAYS; (1 WHY AMENDING SECTION 620-40, EN- 71-FLED "LIST OF AUTHORIZED ADMINISTRATIVE VARIANCES" TO CLARIFY PERMITTED AD- A111h{KrR1iTrUF VAP1ANr Fr,' iiAi AvbKAi`Nr11Nr: crrr.7inN 17c;_,)n FmTM Frl "TFMPt)P.&PV SunSentinel FORUM PueLNHINO GROUP Order ID: '1014800 GROSS PRICE' . $396.80 PACKAGE NAME:: SSC Notice of Public Meeting tiSl S AUTWRIED' TO CLARIFY RULES F6i:FlE PRHARY Lf5IEip M SPEGIAI EIfEIUTS; AND (17) BY AMENDWG SECTION 700-140, ENTITLED'MEASUREMENi'S"TO CLARIFY. DISTANCE SEPARATION MEASUREMENT FOR MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES; PRtOVIDW FOR CONFE.RCTS, PROVIDING FOR SEVERABIL ITY, FUMER, PROVDING FOR AN EFFECTIVE DATE. copies of -the propDsW requests or applicable information ate available on line. Mr more IWnnt0on,please Call the Planning Division at (954) 924-6805 Ext a704 and staff will dinki:you to the Wine project in.00 10n. Tease be wIvIsed-that if a person decides to appeal any decision rtUe by Local Plan- i�Q Agency th6 Planning and Toning R Mrd or the City Gammisslon with respect to any matter Dongdered at this hoarh& such person will need a vorWtim record of the pro - co dings and for this purpose such person may need to ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal IS to based. The city dues not provide or prepare such record pursuant m FS, 286.0105. In accordance with the Amelicans with Disabilitfe5 ACtr persons needing assistance to particlpate iri any of these proceedings should contact the City Clerk's offfce,100 west Dania Beradl Boulevard, Dania Beach, Florida 33m4, (954) 924-68OU Ext 3624, at Inast48 hours prig` to the mewing. Appiicotion Information AppAcattan site: City wide P"0Ct: Text Amendrrtent Rom Kt: To wend sevixral sections to the city's Land oevelopmept code (tic), Applicant: City of Dania Reach LOaring time & TEnie: N6yon1 jer 17, 2021 at 7:00 PM Hearing Location; Planning & Zoning Board virtiat Meeting: please visit.www.doniaNachf[gov/virWalmeedngs for detailed instructions and the spe- cific requirements for participating In the citys virtual quasi judicial land use meetings. contact Information: Richard Loner. Planning & zoning Manager, AICP (954) 924-6805 Ext.3640 171112021 7074800 printed: 10128/2021 8:43.56 AM Page 3 of ' Agency Commission not included CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT DANIA BEACH STAFF REPORT su 1. LNE IT. LDVE If. DATE: November 17, 2021 TO: Planning and Zoning Board VIA: Eleanor Norena, CFM, Director FROM: Corinne Lajoie, AICP, Assistant Director SUBJECT: TX-082-21: The applicant, the City of Dania Beach, is requesting a text amendment to the City's Code of Ordinances, to provide a process for allocating Regional Activity Center (RAC) dwelling units. REQUEST TEXT AMENDMENT To create a process for allocating RAC dwelling units when the unit count falls below fifteen percent (15%). On September 8, 2021, at a City Commission Workshop, the City Commission directed staff to invoke a Zoning -in -Progress to review the existing LDC to determine if there is a need to create regulations to prioritize the allocation of RAC dwelling units and establish criteria for doing do. On September 28, 2021, the City Commission established a Zoning in Progress At the request of the City Commission, staff is proposing a text amendment to the City's Land Development Code (LDC) to create a process whereby allocation of RAC dwelling unit will be followed when the unit count falls below fifteen percent (15%), At present, the remaining RAC dwelling unit count has fallen to eleven percent (11%) of the originally allocated units. Any efforts to obtain additional units will take approximately 12 — 18 months. Additionally, 2,899 RAC dwelling units have been allocated but not yet built. Therefore, careful consideration should be given to the allocation of the remaining dwelling units. Therefore, staff is proposing the creation of the following criteria to be implemented when the available RAC dwelling units falls below fifteen percent (15%) of the originally allocated units. (1) Use of all incentives increasing density will be suspended, except: (a) For affordable housing (b) For increasing density by five (5) dwelling units or less_ C:IUsers\CChurchUppDatalT oval\MicrosofilWindorvsNINetCache\Content.dutloolc%G3FVN6C71TX-032-21 RAC unit aliocation.doc (2) Provide a developer's agreement stating the developer will not request extensions, thereby returning any unused RAC units upon expiration of the term of the developer's agreement, which authorization period shall not exceed 30 months. (3) Provide a project proforma, illustrating project financing exists for development of the proposed project prior to public hearing. (4) Provide a tax benefit/cost analysis of the project illustrating projected property tax increase once the project is completed, as well as anticipated municipal expenditures, such as for police, fire, waterlsewer services, etc. (5) Identify how the project approval and construction will benefit the community, such as through installation of bicycle rental stations, participation in a free trolley/shuttle service, etc. (6) Any project in which the City has partnered with another person or entity utilizing Florida Housing Finance Corporation funds shall be exempt from subparagraphs 1 -5 above. This is text amendment will require two readings by the City Commission. RECOMMENDATION Recommend approval to the City Commission. C:%UsCrslCChurclilAppj)ata% oval\MicrosotlWindoivsllNeLCachelCotttent.Dut.looltlG31'WV6MTX-D82-21 RAC unit allocation.doc ORDINANCE NO. 20211- AN ORDINANCE OF THE CITY COMMISSION OF TFIE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 OF THE CITY CODE OF ORDINANCES WHICH CHAPTER IS ENTITLED "LAND DEVELOPMENT CODE," SUBPART 1, ENTITLED "COMMUNITY REDEVELOPMENT AREA (CRA) FORM -BASED ZONING DISTRICTS", ARTICLE 300, ENTITLED "HOW TO USE," AT SECTION 300-10, ENTITLED "THE CRA INCLUDES SIX FORM -BASED DISTRICTS'; AMENDING SECTION 300-30, ENTITLED "HOW TO DETERMINE THE BUILDABLE AREA OF A LOT, ALLOWABLE DENSITY AND BUILDING HEIGHT;" AMENDING ARTICLE 301, ENTITLED "LEGAL AND ADMINISTRATIVE PROVISIONS," AT SECTION 301-20, ENTITLED "APPLICABILITY" TO FURTHER ADDRESS REGIONAL ACTIVITY CENTER (RAC) FUTURE LAND USE DESIGNATIONS AS IDENTIFIED IN THE CITY'S COMPREHENSIVE, PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach seeks to amend Chapter 28 the City Code of Ordinances which Chapter is entitled "Land. Development Code," Subpart .1, entitled "Community Redevelopment Area (CRA) Form -Based Zoning Districts"; Article 300, entitled "How To Use," at Section 300-10, entitled "The CRA Includes Six Form -Based Districts"; amending Section 300- 30, entitled "How To Determine The Buildable Area Of A Lot, Allowable Density And Building Height;" amending Article 301, entitled "Legal And Administrative Provisions," at Section 301- 20, entitled "Applicability;" and WHEREAS, the City is seeking to revise the regulations relating to available Regional Activity Center (RAC) dwelling units; and WRUREAS, the City desires to provide a process for authorizing RAC units when the number of available dwelling units assigned to the RAC land use designation falls below fifteen percent (1 S%) of the total number of approved units; BE IT ORDAINED BY T14E CITY COMMISSION OF THE CITY Or DANIA BEACH, FLORIDA Section 1. That Chapter 28 of the City Code of ordinances is amended to read as follows: Page 1 of 4 CHAPTER 28 LAND DEVELOPMENT CODE SUBPART 1. COMM[UNITY REDEVELOPMENT AREA (CRA) FORM -BASED ZONING DISTRICTS ARTICLE 300. HOW TO USE Sec. 300-10. The CRA includes six &form -based districts. The Community Redevelopment Area (CRA) is divided into several zoning districts. Six (6) of those districts are form -based districts that are unique to the CRA. Iaxce t far Section 301-20 which is Lapplicable to all properties located within the Regional Activi Center C future Land Use designation as identified in the Ci 's Corn reherisive Plan, Article 300 shall not apply to the Planned Mixed -Use Development District (PMUD) established pursuant to article 340, subpart 5 of part 3 of this chapter or the Planned Small Lot Mixed -Use Development District (PM-OD-SL) established pursuant to article 350, subpwt 6 of part 3 of this chapter. Each form - based zoning district has a set of regulations that apply to it, called "district development standards" in article 303. The district standards include: (A) A generalized list of permitted uses. The detailed list of permitted, special exception and prohibited uses is in article 302, discussed further in section 300-20, below. (B) Building placement and height standards, discussed further in section 300-30, below. (C) The types of buildings that can be constricted. There are eight (8) "types" of buildings based capon the building's function and character, discussed further in section 300-40, below. (D) The types of ground story configurations that are allowed along street frontages, called "frontage types", which are discussed further in section 300-50, below. Sec. 300-30. How to determine the buildable area of a lot, allowable density and building height. (A) The district standards in article 303 for each district include a map showing maximum allowable height within the district. Permitted height varies within some districts based upon location. Article 304 has the rules for interpreting the maps. (B) Permitted height and density is identified as "by right" and "with incentives." This means that in order to exceed the height, density or both permitted "by right", the developer must earn incentives sufficient to achieve the maximum height, density or both permitted on the lot. Incentives are detailed in article 305. See additional regulations; found in Section 301-20 B for maximum intensily/de limits ezmitted within the CRA and Com rahensive Plan. Page 2 of 4 (C) The district standards in article 303 for each district specify build -to -lines, setbacks, minimum open space, and where parking facilities can be sited. Mandatory build -to -lines in lieu of minimum setbacks are: one of the aspects that make these regulations form -based, ARTICLE 3 01. LEGAL ,1 ND ADMINISTRATjVEI PROVISIONS See. 301-20. Applicability. (A) The CRA form -based district regulations shall specifically prevail over all other regulations of this code in the case of conflict, (B) All development is subject to the maximum intensity limits permitted within the CR.A form - based districts by the Ceomprehensive flan. Therefore, the Regional Activity Center (RAC) allowable land use and density identified in the Ceornprehcasive flan, Future Ladd Use Element, should be consulted to ensure the consistency of any development proposal with the land use plan (acreage, dwelling units, etc.). When the number of available dwelling units assigned to the RAC land use designation falls below fiftecn percent 15% of the total number of approved units the following additional information must beprovided: 1 The use of all incentives will be sus ended for the VWoses of increasing densi exe t as identified below: (a) For affordable housing oses as defined by the United States Department of Housing and Urban Development 5 I3iJD . Affordable housingis generallydefined as housing for which the occupant issj. axing no more than thiM percent (30%) of gross income for housing costs including utilities. (b) For increasing dens& by five 5 dwelling units or less. 2 The applicant shall enter into a developer's -agreement prior to a public hearinp, stating the developer will not request utilization of an of the Governor's Executive Order extensions thereby rctumiqg an unused RAC units upon ex iration of the term of the developer's a eement which authorization period shall not exceed 30 months. 3 The applicant.must provide a project proforma, illustrating pro .ect financing exists for development of the proposed.project prior to public hearin . 4 The apRlicant roust provide a tax benefit/cost analysis of the project illustrating projected roe tax increase once the project is completed, as well as anticipated municipal expenditures, such as for police, fire water/sewer serAces etc. 5 The applicant must iden ' how the ro'ect a roval and construction will benellit the comrnuni such as through installation of bicycle rental stations parficipation in a flee troll !shuttle service etc. 6 My ro'ect in which the City has pgtnered with another person or enfty utilizing Florida Housing Finance Corporation funds shall be exempt fi-om sub ara ra hs 1 -5 above. Page 3 of 4 (C) In the event of a conflict between text and any illustration or graphic, the text shall prevail. (D) In the event of a conflict between district boundary maps and the official zoning map, the official zoning map shall prevail. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a cow-t of competent, jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Sec. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective irnmediately at adoption on second reading. PASSED on first reading on , 2021. PASSED and ADOPTED on second reading on , 2021. ATTEST: THOMAS SCHNEIDER CITY CLERK TAMARA JA.MES MAYOR APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY Page 4 of 4 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 X3643 (954) 922-2687 Fax bAhilA 6EA(H $CAl; NE IT LOYG IT Standard Development Application ❑ Administrative Variance ❑ Land Use Amendment ❑ Plat ❑ Rezoning 0 Site Plan ❑ Special Exception Q Variance IJ Other: TuxtAmordmonl Date Rec'd: Petition No.: TX-082-21 (SEEAPPLICA MN TpPESCHED[ILE ON PAGES 3 & 4) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation" checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City Building Division. For more information please reference the Dania Beach Land Development Code Part 6, Development Review Procedures and Requirements. Location Address: City Wide Lot(s): Block: Subdivision: Retarded Plat Name: Folio Nurnber(s)- Legal Description: _ Applicant/Consultant/Legal Representative (circle one) City of Dania Beach- G❑ Address of Applicant: Business Telephone: Home: Fax: E-mail address: Name of Property Owner: Address of Property Owner: Business Telephone. _ Home. Fax: Explanation of Request: RAC text amendment For Plats please provide proposed Plot Name for Variances please attach QLe- la MV ent as per Section 625.40 of the Land development Cade. Prop, Net Acreage Existing Use: Gross Acreage: Prop, Square Footage: Proposed Use: 1 of 4 Updated 0712421 Is property owned individually, by a corporation, association, or a joint Venture? AUTHORIZED REPRESENTATIVE I/we are fully aware of the request being made to the City of Dania Beach. If I/We are unable to be present, I/we hereby authorize (individual/firm) to represent me/us in all matters related to this application. I/we hereby acknowledge that the applicable fee was established to offset administrative costs and is not refundable. I/we are fully aware that all approvals automatically expire within 12 months of City of Dania Beach Planning and Zoning Board or City Commission approval, or pursuant to the expiration timeframe listed in Part 6 of the Dania Beach Land Development Code. i STATE OF FLORIDA COUNTY of BROWARD By; The foregoing instrument (0 Was acknowledged BEFORE ME THIS DAY OF 20• 1 � By. L—i Y� r'-a ii— iV -o f -r4 r+- (Print name of person acknowledging) Notary (joint owner signature if applicable) (Signature of Notary Public— State of rLt ek ) Personally known Produced Identification Type of identification produced; *If joint ownership, both association, an authorized DEFOW E. SMINO W COMMISSION 8 W $03020 ;�• of EXPIRES, March 12. 2023 �'e.BdR F4�a. RmW1 m NtOry Pubk LAWL SiBIg or Drivers License parties must sign. officer must sign on letter of authorization from the owner of aaalication if an authorized If partnership, corporation or behalf of the group. A notarized record must accompany the nt signs for the owners NOAPPLICATION WILL BEAUTOMA TICALL YSCHEDULED FORA MEETING. ALL APPLICA TIONS MUST BE DETERMINED COMPLETE BY STAFF BEFORE PROCESSING OCCURS 2of4 Updatod 07/2021 SunS ntinel F4 RUId Rl1 � l,-TS1.1xWG C�iipL1R Order ID: 7074193 GROSS PRICE w : $284.00 PACKAGE NAME: SSC Notice of Public Pile :zing NOTICE OF VIRTUAL PUBLIC HEARING G ITY OF DANIA R ACH, FLORIAA A Virtual Public ileari ng will be conducted try the City of Dania Beach Planning a Zoning Board on the following dale to consider the following appkatloll: DATE: Wednesday, November 17, 2021 TIME: 7:00 P.M. or as soon thereafter as the same may be heard PLACE: Planning 9 Zoning Board virtual Meeting Please visit www,daniabeachfi.gov{Illrtualmeetings for detailed instructions and the specific requirements for participating in the City's virtual quasi- judicial land use meetings. SUBJECT: Tx-082.-21: The appkant; City Of Dania Beach, is requesting a text amendment to the City-s code cf ordinance, to provide a process for allocating Regional Activity Cen- ter (RAC) dwelling units. The fallowing is the proposed ordinance of the matter: AN ORDINANCE OFTHE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 OF THE CITY CODE OF ORDINANCES WHICH CHAPTER IS EN- TITLED'IAND DEVELOPMENT CODE," SUBPART 1, ENTITLED "COMMUNITY REDEVELOP- MENTAREA (CRA) FORM -BASED ZONING DISTRICTS -.ARTICLE 3QD, ENTITLED "HOW TA USE,' AT SECTION 30D-10, ENTFrLt=D "THE CRA INCLUDES Six FARM -RASED DISTRICTS",' AMENDING SECTION 300-30, ENTITLED 'HOW TO DETERMINE THE BUILDABLE AREA OF A LOT, ALLOWABLE DENSITYAND BUILDING HEIGHT:" AMENDING ARTICLE 301, ENTITLED "LEGAL AND ADMINISTRATIVE PROVfSIONS,'ATSECTION 341-20,EN-nTLED APPLICAaIL- ITY'TO FURTHERADDRESS REGIONAL ACTNITY CENTER (RAC) FUTURE LAND USE DES- IGNATIONS AS IDENTIFIED IN THE CITYS COMPREHENSIVE FLAN, PROVIDING FOR CON- FLICTS; PROVIDING FOR SEVERABILITY, FURTHER, PROVIDING FORAN EFFECTIVE DATE. Copies of the proposed requests or applicable information are available on line. For more iriformoden, please call the Planning Division at (954) 924-6805 Ext, 3704 and staff will directyou to the on-line projectlnformatlon. please be adVWd that If a person decides to appeal anydecision made by Local Plan- ning Agency, to Planning and Zoning Board orthe city CommisS-100 with respect to airy rnalttar eonsldcred at this hearing, such person will need a verbatim record of the pro- ceedings and for this purpose such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which oe appeal Is to based. The, City does not priovide or prepare such record pursuant to F.S. 286,0105. in accordance with the Americans with Disabillties Act perscns needingassistance to participate In any of these proceedings should contact the Citylerk's office, 100 West Danla Reach Boulevard, Dania Beach, Florida 33004, (954) 924.6800 Ext. 3524, at least 48 hours prior to the meeting. APPIication Informatibrl APP401:1011 Site: City Wide Project: Text amendment Request:70 create a process for allocating RAC dwellings units when unit count falls below fifteen percent (15%). Applicant; City of Dania Uench Ivor]N Date. &Time: November 17, 2021 at 7= PM Hearing Location: Planning & Zoning Board Virtual Meeting: Please visit www.dan1 abeachfl.govivirtuaimeeting5 for detailed instructions and the spe- cific requirements for participating in the City s 01:021 quasi-judicial land use meetings. contact Inftormition: c orinne Lajaie, ASslstant Director, AICP (954) 924-6805 FXt.3104 W112021 7074793 Printed: 10/28/2021 8:42:06 AM Page 3 of " Agency Commission not included CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT DANIA BEACH STAFF REPORT 5WT. LIVE IT, LME IT, DATE: November 17, 2021 TO: Planning and Zoning board VIA: Eleanor Norena, CFM, Director Eleanor Nwenall FROM: Corinne La'oie, AICR Assistant Director j Corinne Lajdlet-�-��»� SUBJECT: LU-087-21: The applicant, City of Dania Beach, is requesting a Comprehensive Plan Amendment to add a Property Rights Element to the document. REQUEST COMPREHENSIVE PLAN AMENDMENT To add a Property Rights Element to the Comprehensive Plan. The State of Florida established state statutes requiring that certain language be added to municipal Comprehensive Plans relating to property rights. This amendment request adds a new Element to the City's Comprehensive Plan entitled Property Rights. The purpose of the Property Rights Element is to respect judicially acknowledged and constitutionally protected private property rights. The City is initiating the amendment at this time, coinciding with the ongoing Water Supply Plan, that will soon be incorporated into the City"s Comprehensive Plan. The State will not accept any amendments to the Comprehensive Plan without the required Property Rights language included. The Goal, Objective and Policies established with the creation of this Element are identified below. COAT_ - To meet the requirements of Chapter 163.3177, as amended, to require a property rights element. Objective 1 — Private property Rights To ensure that judicially acknowledged .and constitutionally protected private property rights continue to be respected and considered in local decision -making. Policy 1.1 The City will continue to respect the judicially acknowledged and constitutionally protected right of a property owner to physically possess and control their interests in the property, including easements, leases, or mineral rights. .T:1 P&Z Work Polder\P-Z Staff ReportA202 111 ]-171LU-087-21 Noperty Rights.doc Policy 1.2 The City will continue to respect the judicially acknowledged and constitutionally protected right of a property owner to use, maintain, develop, and improve their property for personal use or for the use of any other person, subject to state law and local ordinances. Policy 1.3 The City will continue to respect the judicially acknowledged and constitutionally protected right of the property owner to privacy and to exclude others from their property to protect the owner's possessions and property, Policy 1.4 The City will continue to respect the judicially acknowledged and constitutionally protected right of a properly owner to dispose of their property through sale or gift. This application requires two (2) public hearings by the City Commission. PLANNING AND ZONING BOARD ACTION Recommend approval to the City Commission. 7:1 P&.Z Work FolderT-L Staff Repo.rts12021ti1.1-171L[J-087-21 Property Rights.doc ORDINANCE NO. 2021- THE CITY CONWSS1ON OF TIM CITY OF DANIA BEACH, FLORIDA, PURSUANT TO FLORIDA STATUTE SECTIONS 163.3184, 163.3161(10) AND 187.1 b 1(3), THE CITY AMENDS ITS COMPREHENSIVE PLAN, TO CREATE ELEMENT , ENTI`I"LED "PROPERTY RIGHTS ELEMENT;" PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTrVE DATE. WHEREAS, the City of Dania Beach adapted its Comprehensive Plan, which plan provides for the 20 year vision of the fixture for the City, and includes such elements as Future Land Use Element, Capital Improvements Element, Water Supply Element, etc.; and WHEREAS, the Florida Legislature passed Senate Bi11496, which was signed into law by the Governor, at Law of Florida 2021-1.95, which law amended Florida Statute Section 163.3167, and became effective on July 1, 2021; and WHEREAS, the new law requires that governmental entities respect judicially acknowledged and constitutionally protected private property rights, and requires that each local government "shall include in its comprehensive plan a property rights element to ensure that private property rights are considered in local decision making;" and WHEREAS, additionally, the local government may adopt its own property rights element or use the following statement of rights: The following rights shall be considered in local decision making: 1. The might of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. 2. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or the use of any other person, subject to state law and local ordinances. 3. The right of a property owner to privacy and to exclude others from the property to protect the owner's possessions and property. 4. The right of a property owner to dispose of his or her property through sale or gift. WITEREAS, the City seeks to amend its Comprehensive Plan to add the Property Rights Element, consistent with state law; BE IT ORDAINED BY TIME CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA Section 1. That the City of Dania Beach's Comprehensive Plan is amended to read as follows: CITY OF DANIA BEACH COM-PREHENSIVE PLAN PROPERTY RIGHTS ELEMENT 1. PURPOSE The pumose of the Propeit A Fights Element is to resj2ect judicially acknowledged and constitutionally protected private proggM rights. The local overnment shall include in its comprehensive plan a propeVy rights element to ensure that piivate pro rights are considered in local decision maldng. This Element has been prepared to satisfy requirements as set forth in Chapter 153.3161L14) and 187.101(3), F.S. U. GOALS OBJECTIVES AND POLICIES GOAL - To meet the requirements of Chapter 163.3:177, as amended, to require a Property rights element, _Objective 1— Private Property Rights To ensure that judicially acknowledged and constitutionally protected protected privaieproperty rights continue to be respected and considered in local decision -making. Policy 1 I The City will continue to respect the judicially acknowledged and constitutionally protected right of a progerLy owner to h sica.Il assess and control their interests in the propenty, including easements leases, - mineral rights. Policy 1.2 The City will continue to respect the judicially acknowledged and constitutionally uxotected right of a pxopei-ty owner to use, maintain, develop, and jp rove their propgA for ersonal use or for the use of an other person, subject to state law and local ordinances. ORDINANCE *2021- policy 1.3 The City will continue to respect . the. judicially acknowledged and constitutionally protected right of the property owner to_privaa; nid to exclude others from their property to protect the owner's possessions and proper►_. Rgjej 1.4 The City will continue to respect the judicially acknowledged and constitutionally protected right of a property owner to dispose of their Property through sale or gift. *** Section 2. That if any section., clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on December 14, 202t. PASSED and ADOPTED an second reading on January , 2022. ATTEST: THOM.,A.S SCHNEIDER CITY CLERK TANLkRA JAMES MAYOR APPROVED .AS TO FORM AND CORRECTNESS: THON.IAS J. ANSBRO CITY ATTORNEY ORMNANCE #2021- City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 X3643 (954) 922-2607 Fax DANIA BEACH SFlil%E.iYk IT,LQYE IT Standard Development Application ❑ 13 Administrative Variance Land Use Amendment Plat Rezoning Site Plan Special Exception Variance Other: Date Rec'd: 10- 18 "' 91 Petition No.: _ S-7— c'�- t (SEE APPLICATION TrPESCMEDULE ON PAGES 3 & 4) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL N>ECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation" checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City Building Division. For more information please reference the Dania Beach land Development Code Part 6, Development Review Procedures and Requirements. Location Address: City WILie Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s): Legal Description: Applicant/Consultant/Legal Representative (circle one) City of Dania Beach Address of Applicant: 100 W. Dania Beach Boulevard Business Telephone: (954) 924-6805 X 3704 Home: E-mail address: Name of Property Owner: Address of Property Owner: Business Telephone: Home: Fax: Fax: Explanation of Request: Creation of the Property Ri hts Element of the Ci 's Comprehensive Plan consistent_ with State Statues For Plats please provlde proposed Plat Name for Variances please attach Criteria Statement as per Section 625.40 of the Land Development Cade. Prop. Net Acreage: Gross Acreage: _ Prop. Square Footage: Existing Use: Proposed Use: 9 of 4 Upantod 0212021 is property owned individually, by a corporation, association, or a joint venture? AUTHORIZED REPRESENTATIVE I/we are fully aware of the request being made to the City of Dania Beach, If I/We are unable to be present, I/we hereby authorize (individual/ firm) to represent me/us in all matters related to this application. I/we hereby acknowledge that the applicable fee was established to offset administrative costs and is not refundable. I/we are fully aware that all approvals automatically expire within 12 months of City of Dania Beach Planning and Zoning Board or City Commission approval, or pursuant to the expiration timeframe listed in Part G of the Dania Beach Land Development Code. STATE OF FLORIDA COUNTY OF BROWARD By: The foregoing instrument (O er / Ag ature*) Was acknowledged BEFORE ME THIS DAY OF OC46evr 20 2 By: (Print name of person acknowledging) Notary' . (Joint owner signature if applicable) (Signature of Notary Public — State of an 4 `a ) Personally known oduced Identification Type of identification produced: Fyn 4 pEWRAH E. $ONO ;' # MY COI W$WON # W 303020 �"' �p�g:144ard112, 2DZ3 . ,'�� Sanded That Nalary Ftt6iie lmdetvrtitars or Drivers License *If joint ownership, both parties must sign. If partnership, corporation or association, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the application if an authorized agent signs for the owner(s). NO APPUCATION WILL BE AUTOMA MALL YSCHEDULED FOR A MEETING, ALL APPLICA LIONS MUST BE DETERMINED COMPLFTF BYSTAFF BEFORE PROCESSING OCCURS. 2 of 4 Updated 0202021 SunSeirttin �. J FGRUhlP.U(iLT9Mii�C l;I��fLfA Order ID: 7074807 GLOSS PRICE " : $246,40 PACKAGE: NAME: SSC Notice at Public Meeting NOTICE OF VIRTUAL PUBLIC HEARING CfiY OF DANLA BEACH, FLORIDA A virtual Public Hearing will be conducted by the City of Dania Beach Planning & zoning Board on the fallowing date to consider the following application: DATE; Wednesday, November 17, 2021 TIME: 7:00 p.m, or as soon thereafter as the same may be hears? PLACE: Planning & zoning Board virtual Me2tlog Please visit wwwdaniabeachiLgovfvirtualmectings for detaiied instructions and the specific requirements for participating in the ciWs virtual quasi- judicial land use meetings, SUBJECT: LU-087-21:The applicant, City of Dania Beach, IS regUCArig a Comprehens9ve Plan Amendment to add a Property Rights Elements to the documents. The following is the proposed ordinance of the matter: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANTTO FLOMIDA STATOTE SECTIONS 163.3184, 163.3161(10) AND 187.10i(3j, G AMENDING THE CITY COMPREI1ENSIVE PLAN, TO CREATE; ELEMENT 11, ENTITLED -PROP- ERTY RIGHTS ELEMENT,' PROVIDING FOR CONFUCTS, PROVIDING FOR SEVERA2ILITY; FURTHER, PROVIDING FOR AN EFFFCTIVE DATE, Copies of the proposed requests orapplicable Information are avalloble on line. For more Information, please tali the Planning Division at (954) 924-6905 FXt. 2704 and staff will directyou to the on-line project inforrnafion, Please be advised that if a parson decides to Appeal anydeclsicn made by Local Plan- ningAgency, the Planning and zoning Board orthe city commission with respect to any matter considered at this hearing, Such person. will need a verbatim record of tfle pro - co€ dIngs and for this purpose such person may need to ensure that a verbatim record of Me proceedings is rn2de., which record Includes the testimony and evidence upon which die appeal is to based. The city does not provido or prepare such record pursuant to F.S. 286.0105. in accordance with the Americans with OisabilitiesAC( persons needingassistance to par4c ipate In anyofthese proceedings should contactthe city clerk'soff ice, 100 West Dania Beach poulevard, Dania 802Ch, Florida 33004, (954) 924-6800 Ext 3624, at least 48 hours prior to the rrieetiog. Application information Application Site: City Wide Application; Gomprehensice Plan Amendment Pro]ect:To add a Property Rights Elements to the Comprehensive Plan, Applicant: city of Crania Beach Hearing Date &Time: November 17. 2021 at 7:00 PM l{erring t,acation: Manning & zoning ©card virtual Meeting: Please visit www.42niabe2rhfigov/virtuaimet?tings fordowiled Instructions and the spe- cific requirements for participating in the cit)(s virtual quasi-judicial land use meetings, contact information. Corinne Cajole, Assitant Dlrecticr, (954) 924-6805 W, WO 11/1/2021 7074807 Printed: 10/28/2021 14613 AM Page 3 of 3 ' Agency Commission not included CITY OF DANIA BEACH CITY ATTORNEY'S OFFICE DANIA BLACH SEA IT. LIVE IT. LOVE IT. llH MORANDUM DATE: November 17, 2021 T0.- The Planning and Zoning Board ok�1� �1ynh.iwtr1419.aL lwih+... H.I FROM. Thomas J. Ansbro, City Attorney Thomas J. S U 13JECT: Creating a "Reasonable Accommodation" Procedure The Request A recommendation in support of creating a reasonable accommodation hearing process in the City's Land Development Code, to be presented to the Special Magistrate. Backo'ound The attached draft ordinance relating to a "reasonable accommodation" ensures compliance with federal law. The purpose of a "reasonable accommodation" is to modify a specific City requirement to ensure that an individual with a disability has an equal opportunity to use and enjoy a dwelling. To date, the City has not received a request for a reasonable accommodation, but could receive a request in the future. Without the procedures in place to authorize the accommodation, the City could face a legal challenge relating to disability discrimination, or a fair housing complaint. Further, if the process is not in place, the City would not be able to impose a process or a hearing on the applicant. Therefore, in order to safeguard the City and to protect rights of the disabled, the City proposes to adopt a "reasonable accommodation" process. Several progressive cities, including the City of Coral Springs, have adopted a similar reasonable accommodation ordinance. Their ordinance has been utilized a few times to request a reasonable accommodation. The draft ordinance proposes to have the Special Magistrates hear any reasonable accommodation requests. The Special Magistrates are lawyers Familiar with the Americans with Disabilities Act, the Fair Housing Act, and federal civil rights claims under 42 USC Section 1983. Notice of hearing would be provided to the surrounding community (all those within 1000 feet of the location for the accommodation request), the property would be posted and the hearing advertised. By utilizing the Special Magistrate, it ensures that the legal technicalities that must be. considered are considered and analyzed under the parameters of applicable case law. A hearing on a reasonable accommodation is not based upon neighborhood consensus or compatibility, but rather the strict requirements of federal law. We have conferred with the City's Special Magistrates who have confirmed that they have the requisite knowledge and expertise to rule on such requests. A reasonable accommodation may be requested for an exception to the number of persons allowed to live in a unit, or to accommodate some alternative living requirements that do not comply with state law requirements relating to accredited group homes. An appeal a Special. Magistrate decision would be to circuit court, The ordinance clearly provides that the City will NOT be liable for attorney fees or costs associated with either the Special Magistrate hearing or any appeal. There is no application fee for the hearing before the Special Magistrate, but advertising and mailing casts will be assessed. Anal sis of the law relating to a reasonable accommodation. Federal law and federal courts interpreting federal lave require cities to treat persons with a disability equitably, and to provide for a reasonable accommodation of disabled persons' needs pursuant to the Americans with Disabilities Act (ADA). The concept of a reasonable accommodation is one that attempts to balance a local government's right to control land uses through neutral regulations and its duty to make reasonable accommodations for the disabled under the Fair Housing Amendments Act ("FHAA") [See Bryant Woods Inn, Inc. v. Howard Cnty,, 124 F. 3d 597, 603 (4" Cir. 1997)], The FHAA does not, however, provide a "blanket waiver of all facially neutral zoning policies and rules, regardless of the facts ... which would give the disabled carte blanche to determine where and how they would live regardless of zoning ordinances to the contrary" [Id. (internal quotation marks omitted)], Under the FHAA, a Iocal government, like the City, is required to accommodate the disabled by making accommodations that: (a) are reasonable; (b) are necessary; and (c) afford disabled people equal opportunity to use and enjoy housing [See id (citing 42 U.S.C. § 3604(f)(3)); see also, Loren v. Sasser, 3091~. 3d 1296, 1302 (11" Cir. 2002) (stating that an applicant has the burden of proving that a proposed accommodation is reasonable)]. The "necessary" element - i e., the FHAA provision mandating reasonable accommodations, which are necessary to afford an equal opportunity, requires the demonstration of a direct linkage between the proposed accommodation and the "equal opportunity" to be provided to the disabled person [Bryant Woods Inn, 124 F. 3d at 604], This requirement has the attributes of a causation requirement and if the proposed accommodation provides no direct amelioration of a disability's effect, it cannot be necessary [Id.]. The "equal opportunity" requirement mandates not only the level of benefit that must be sought by a reasonable accommodation, but also provides a limitation on what is required. A strict interpretation of the "necessity" requirements of Section 3604(f)(3)(b) requires an applicant to demonstrate that the proposed accommodation is needed to provide the disabled person an equal opportunity to use and enjoy a dwelling [See Schww-z v. 00, of Treasure Island, 544 F. 3d 1201, 1225-1226 (11t' Cir. 2008) (Eleventh Circuit stating that the FHAA "plainly requires the [applicants] to show that the accommodation they requested actually alleviates the effects of a disability"), Ladd -Laurel LLC v. Zoning Bd. of Adjustment of the Twp. of Scotch Plains, 284 F. 3d 442, 461 (3' Cir. 2002)]. The accommodations must address the needs created by the subject disability and if they exceed such needs, then the disabled person would receive a "better" opportunity to use and enjoy a dwelling, a preference that the language of the FHAA does not support [Schwarz, 544 F. 3d at 12261. To ensure that the City is properly providing for a reasonable accommodation to disabled persons under the ADA, the City desires to provide for a process to review an ADA request, and for an appeal process relating to any such request that is denied. The City desires to amend its Land Development Code to accommodate the procedures relating to a reasonable accoramodatiou request. Badgetary Impaci There is no budgetary impact front this item. Recommendation It is recommended that the City Commission adopt the Ordinance. cc: Ana M. Garcia, ICMA-CM,City Manager Candido Sosa Cruz, Deputy City Manager Eleanor Norena, Director of Community Development Departmnet ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED "LAND DEVELOPMENT CODE (LDC)," PART 7, ENTITLED "CODE ADMINISTRATION", ARTICLE 725 ENTITLED "DEFINITIONS," TO AMEND SECTION 725-30, ENTITLED "TERMS DEFINED," BY AMENDING THE DEFINITION OF FAMILY; AMENDING PART 1 OF THE LDC, ENTITLED "USE REGULATIONS," ARTICLE 105, ENTITLED "USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICT'S," TO CREATE A NEW SECTION 105-250 ENTITLED "REASONABLE ACCOMMODATION PROCEDURES AMENDING CRAFTER 28 ENTITLED "LAND DEVELOPMENT CODE", PART 6, ENTITLED "DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS," ARTICLE 610, ENTITLED "PUBLIC HEARING NOTICES," AT SECTION 610-20, ENTITLED "TABLE OF PUBLIC NOTICE REQUIREMENTS." TO INCLUDE THE NOTICE REQUIREMENTS FOR A REASONABLE ACCOMMODATION HEARING BEFORE THE SPECIAL MAGISTRATE; AND AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION;" ARTICLE IV, ENTITLED "CODE ENFORCEMENT;" SECTION 2-84, ENTITLED "POWERS OF SPECIAL MAGISTRATE," TO AMEND THE POWERS OF THE SPECIAL MAGISTRATE TO AUTHORIZE THE SPECIAL MAGISTRATE TO HEAR APPEALS RELATING TO A REASONABLE ACCOMMODATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, federal law and federal courts interpreting federal law require cities to treat persons' with a disability equitably, and to provide for a reasonable accommodation of disabled persons needs pursuant to tho Americans with Disabilities Act (ADA); and WHEREAS, the concept of a reasonable accommodation is one that attempts to balance a local government's right to control land uses through neutral regulations and its duty to make reasonable accommodations for the disabled under the Fair Housing Amendments Act ("FHAA") [See Bryant Woods Inn, Inc. v. Howard Cnly., 124 F. 3d 597, 503 (4" Cir. 1997)]; and WHEREAS, the FHAA does not, however, provide a "blanket waiver of all facially neutral zoning policies and ii les, regardless of the facts ... which would give the disabled carte blanche to deteiTnine where and how they would live regardless of zoning ordinances to the contrary"' [1d (internal quotation marks omitted)]; and WHEREAS, under the FHAA, a local government, like the City, is required to accommodate the disabled by malting accommodations that: (a) are reasonable; (b) are necessary; and (c) afford disabled people equal opportunity to use and enjoy housing [See id. (citing 42 U.S.C. $ 3604(1)(3)); see also, Loren v. Sasser, 309 F. 3d 1296, 1302 (111h C:ir. 2002) (stating that an applicant has the burden of proving that a proposed accommodation is reasonable)]; and WHEREAS, the "necessary"' element - i.e., the FHAA provision mandating reasonable accommodations, which are necessary fo afford an equal opportunity —requires the demonstration of a direct linkage between the proposed accommodation and the "equal opportunity" to be provided to the disabled person [.Bryant Woods Inn, 124 F. 3d at 6041; and WHEREAS, this requirement has the attributes of a causation requirement and if the proposed accommodation provides no direct amelioration of a disability's effect, it cannot be necessary [Id.]; and WHEREAS, the "equal opportunity" requirement mandates not only the level of benefit that must be sought by a reasonable accommodation, but also provides a limitation on what is required; and EREAS, a strict interpretation of the "necessity" requirements of Section 3604(f)(3)(b) requires an applicant to demonstrate that the proposed accommodation is needed to provide the disabled an equal opportunity to use and enjoy a dwelling [See ,Schwarz v City of Treasure Island, 544 F. 3d 1201, 1225-1226 (11" Cir. 2008) (Eleventh Circuit stating that the FHA.A "plainly requires the [applicants] to show that the accommodation they requested actually alleviates the effects of a disability"); Lapid-Laurel, LLC v. Zoning Bd, ofAdjustment of the Twp. of Scotch Plains, 284 F. 3d 442, 461 (P Cir. 2002)]; and WHEREAS, the accommodations inust address the needs created by the subject disability and if they exceed such needs, then the disabled person would receive a "better" opportunity to use and enjoy a dwelling, a preference that the language of the FHAA does not support [Schwarz, 544 F. 3d at 12261; and WHEREAS, to ensure that the City is properly providing for a reasonable accommodation to disabled persons under the ADA, City desires to provide for a process to review an ADA request, and for an appeal process relating to any such request that is denied; and WHEREAS, the City desires to amend its Land Development Code to accommodate the procedures relating to a reasonable accommodation request; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMN USSION OF THE CITY OF DANIA BEACH, FLORIDA: 2 QRTANANCE #2021 Sectiool) 1. That the preceding "WHEREAS" clauses are ratified and incorporated as a record of the legislative intent of tl-is Ordinance. Section 2. That Chapter 28 of the City Code of Ordinances, which Chapter is entitled "Land Development Code," Pant 7, Entitled "Code Administration", Article 725, entitled "Definitions," at Section 725-30, entitled "Terms Defined," is amended to read as follows; CHAPTER 28 LAND DEVELOPMENT CODE PART 7 — CODE ADMINISTRATION ARTICLE 725 — DEFINITIONS Sec. 725-30 -Terms Defined. Family. Any of the following living together as a single housekeeping unit in a dwelling unit: an individual; two (2) or more persons related by legal adoption, blood or a licit marriage; or a group of not more than three (3) persons who need not be related by blood or marriage; of group of pefsoiis that aFe dkabled as defined by federal law. Section 3. That Chapter 28 of the City Code of Ordinances, which Chapter is entitled "Land Development Code," Part 1, Entitled "Use Regulations," Article 105, Entitled "Use Regulations For Residential And Open Space Zoning Districts," is amended to create a new section 105µ250 entitled "Reasonable Accommodations Procedures" to read as follows: CHAPTER 28 LAND DEVELOPMENT CODE PART 1— USE REGULATIONS ARTICLE ---105 — USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE V1CeWFrLIts -0,(%qfY:Tra V 3 ORDINANCE #2021- Sec. 105-250 - Reasonable accommodation_procedures. A This section im lements the poligy of the City for the l2rocessing of re nests for reasonable accommodation related to its ordinances rulespolicies, and -procedures for persons with disabilities or a provider of services to the disabled as provided by the Federal Fair Housing Amendments Act L42 U.S.C. 3601 et se . "FHA" and Title Yl of the Americans with Disabilities Act f42 U.S.C. Section 12131 et se , ("ADA"). For pgMoses of this section a "disabled" individual or person is an individual who qualifies as disabled under the FHA ADA or both. An person who is disabled or a provider of services to the disabled qualifying for a reasonable accommodation m?ky request a reasonable accommodation with res ect to the Cit 's land use and zoning laws, rules, policies, practices and procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section. The purpose of a reasonable accommodation is to modify a specific Ci re uirement to ensure an individual with a disability has an equal op-pnrtunity to use and enjoy a dwelling B A. request by an applicant for reasonable accommodation under this section shall be made in writing y completion of a application and submittal of a written statement relatin tze reasonable accommodation request, which application and shall be submitted to the Community Development Department the "Department"). The reasonable accommodation statement_ shall contain such information_ and as is necessary for proc_e_s_s_inp, the application and submittal of a written statement related to a reasonable accommodation request. If an eligible individual needs assistance to malce a request for an accommodation the Department will provide assistance including, but not limited to, transcribing a verbal request into a written request. The application shall be available at the Department and online on the City's website. CC) Should the information provided by applicant to the City inclade medical information or records including records indicating the medical condition diagnosis or medical history of the disabled individual or his/her clientele such individual mgy, at the time of submitting such medical infonnation, request that the City, to the extent allowed by law, treat such medical information as confidential information of the disabled individual or his/her cientel_e. The City,+ shall thereafter endeavor to Rrovide written notice to the disabled individual or the disabled clientele of the ApRficant, representative or both of all re nest received by the City for disclosure of the medical information or documentation which the disabled individual haspreviously reguested to be treated O DFNANCE#2021- as confidential. The Qijy will cooperate with the a plicantl or disabled individual to the extent allowed by law, in actions initiated by such individual to opl2ose the disclosure of such medical information or documentation, but. the City shall have no obligation to initiate prosecute or pursue any such action or to incur my legal or other expenses whether by retention of outside counsel or allocation of internal resources in connection therewith and may comply with any judicial order without rior notice to the a licant or disabled individual. D When a complete reasonable accommodation application has been submitted to the Department, it will be referred to a Qjjy special magistrate who shall have the authority to consider and act on ieguests for reasonable accommodation after notice and hearing ui accordance with Article 610 of the Land Development Code of the City. The Department may evaluate the a lication and prepare a staff re ort to address the factors listed in subsection E and is authorized to recommend such conditions as rugy be determined to be necessau to grant a reasonable accommodation given the context of'the application. The specialmagisixate shall consider the request form, the staff' report, if applicable, and any other relevant_ testimony or evidence concerning the request for a reasonable accommodation. The request for a reasonable accommodation shall be placed on the docket to be heard by e special magistrate within forty-five (45) days of receipt of the complete reasonable accommodation re uest form. A written determination confbiming, to the decision of the s ecial magistrate shall be issued within fifteen (15) da s of the completed hearing and may, in accordance with federal law: 1 Grant the accommodation request, Grant a portion of the request and dpny a portion of the request, or impose conditions upon the grant of the request or both; or 3 Den the re uest in accordance with federal law. Any such denial shall be in writiniz and shall state the gounds for the dezual. All written determinations shall give notice of the rigbt to appeal. The notice of determination shall be sent to the rcquestin&party (i.e., the disabled individual or hislher representative) by certified mail return receipt requested. If reasonably necessm to reach a determination on the request for reasonable accommodation, the special magistrate may, prior to the end of the meeting -at which the request is considered —re -quest additional information fiom the requesting art specifying in sufficient ORDINANCE #2021- detail what information is re uired. The roguestiLig p il shall have fiftcen 15 days after the date of the request for additional_ information to provide the requested infbnnation to the Depallin nt. In the event a request for additional information is made the De artment shall have an additional 45 fo five-da eriod after the receipt of the additional information to set a second hearin before the s ecial magistrate and a written determination shall be issued within fifteen 15 days after the second heaiin . If the requesting ai fails to provide the requested additional information within the fifteen 15 dgy period,a written notice will be issued advising that the requesting as had failed to timely submit the additional information and therefore the re uest for reasonable accommodation shall be deemed abandoned or withdrawn and no further action by the City with regard to the reasonable accommodation request shall be required, (E) The written decision on a request for a reasonable accommodation made by the special ma istrate shall be consistent with the FHA and ADA and based on the followin fad ctors� 1 Whether the requestigg gartyhas established that he/she or the individual on whose behalf the application was submitted is protected under the FHA ADA or both b demonstrating that theperson is disabled as defined in the FHA ADA or both. Althou Ii the definition of disabiliiy is subject to judicial inte retation for puposes of this section the disabled individual must show: a. A physical or mental im airtnent which substantial) limits one 1 or more ma or life activities, b. A record of having such impairment; or c. That the person is regarded as having such impairment. 2 Whether the reguested accommodation is reasonable and necessary to afford the disabled individual an equal opporftmity to use and enioy the dwelling 3 Whether the requested accommodation would iml2ose an undue financial or administrative burden on the_Ci (4) Whether the requested accommodation would require a f mdarnental alteration in the nature of the [and use and zoning regulations of the Cit . If the special magistrate faids that the re uested accommodation will impose an undue financial or administrative burden on the Ci or will require a fundamental alteration in the nature of the land use and zoning regulations of the Cily, the special magistrate may determine whether an alternative reasonable accommodation exists which would effectively meet the disability - ORDWANCE #2021 related need. An alternative reasonable accon nnodation mgy be the requested accommodation with. conditions. F The City or the Uplicanttngy a eal a decision of the s ecial magistrate to the circuit count in and for Braward Count Florida,in accordance with the Florida Rules ofAppellate Procedure. (9) There shall be no fee imposed by the City in connection with a request for reasonable accommodation under this section and the City shall have no obligationto_pay a requesting party's (or an appealingparty`s, as applicable) - fees and costs itt connection wvith the request. or an appeal. The cost of the advertisement mailer and labels will be assessed against the applicant. Wbile an application for reasonable accommodation, or gRpeal of a determination of same is pending, the City will not enforce the subject zoning ordinance, iWes, policies, and procedures against the a licant. I Thefollowing general —provisions shall be applicable: 1 The Cit shall disj2lU a notice in the Ci 's public notice bulletin board and shall maintain co ies available for review in the Department and the Oty Clerk's office advising the public that disabled individuals or providers of services to the disabled qualifying for a reasonable accommodation may request reasonable accommodation as 12royided in this Section. 2 A disabled individual mgy apply for a reasonable accommodation on his/her own behalf or ma be, re resented at all stages of the reasonable accommodation process by an attomey, legally appointed guardian, or other person designated by the disabled individual pursuant to a power of attorney. (3) The City shall provide such assistance and accommodation as is reguired pursuant to FHA and ADA in connection with a disabled erson's request for reasonable accommodation including, without limitation assistance with —reading_ apklication questions, responding to questions, co m letinthe form fiBg an alopeal, and a earin at a hearin etc., to ensure the process is accessible. d In the event that a reasonable accommodation is anted the applicant shall comply with an and all applicable building and onginegring pellnittiggrocesses required by the Code of Ordinances and the Land Development Code of the City. (5) A reasonable accommodation is specific to the individual with a disability and does not run with the land. ORDINANCE #2021- 6 A reasonable accommodation does not alter an individual's obligation to comply with other applicable federal state county or CiLf requirements, rules regulations, or laws. Section 4. That Chapter 28 of the City Code of Ordinances, which Chapter is entitled "Land Development Code," Entitled "Code Enforcement;" at Part 6, entitled "Development Review Procedures and Requirements," at Article 610 entitled "Public Hearing Notices" at Section 610-2, entitled "Table of Public Notice Requirements is amended to read as follows: C14APTEIt 28 LAND DEVELOPMENT CODE PART 6- DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS ARTICLE 610.-PUBLIC HEARING NOTICES Sec. 610-20. Table of public notice requirements. APPLICATION REQUIRED TIMING OF NEWSPAPER MAIL SIGN Posting TYPE PUBLIC NOTICE NOTICE NOTICE POSTING at City HEARINGS (minimum FORMAT RADIUS REQUMD? Hall [lumber of (see section and on clays prior to 610-30 for City public requirements) Website hearing that notice must I)e given, unless otherwise specifically provided herein Administrative City 14 days Standard Ad Within No 10 days Appeal Commission 1,000 feet Administrative None 14 days prior Not Required Within No 10 days variance to 1,000 administrative feet action Variance Planning & 14 dayPt Standard AP) Within Yes(2) 10 Zoning 1,000 days(2� Board') Ifeet(2) $ ORDINANCE 42021- Waiver of Planning 14 days Standard Ad Within Yes 10 days distance and Zoning 1,000 separation for Board feet establishments serving liquor pursuant to sec. 110�50 City 10 days Standard Ad Within Yes 10 days Commission 1,000 feet easona a S32 14 days Standard Ad V Yes 1010, dU A.ccommodatiQn Magistrate I X0 Le —et Re ues Section 55. That Chapter 2 of the City Code of Ordinances, which Chapter is entitled "Administration;" Artiole IV, Entitled "Code Enforcement;" at Section 2-84, entitled "Powers Of Special Magistrate," is amended to read as follows: CHAPTER 2 ADMINISTRATION ARTICLE IV —CODE ENI+ORCEMENi' Sec. 2-84. - Powers of special magistrate. The sV cial magistrate shall have the power to: (1) Adopt rules for the conduct of hearings; (2) Subpoena alleged violators and witnesses to hearings. Subpoenas may be served by the police department of the municipality; (3) Subpoena evidence; (4) Take testimony under oath; and (5) Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance.; (6) Hear requests for abatement or mitigation of fines associated with code compliance liens and may grant, roduce, abate or mitigate accrued fines subject to a lien:; -and 9 ORDINANCE #2021-. 7 Conduct a reasonable accommodation appeal hearing pursuant to Section 105-250 of the Land Development Code. Section 5, That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of Us Ordinance. Section 6. That all ordinances or pants of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 7. That this Ordinance shall be effective immediately upon its passage and adoption on second reading. PASSED on first reading on PASSED AND ADOPTED on second reading on ATTEST: T1fO-NIAS SCHNEIDER, CM[C CITY CLERK APFROWD AS TO FORM AND CORRECTNESS: TF-IQMAS J. ANSBIRO CITY ATTORNEY TAMARA .TAMES MAYOR 10 ORDINANCE #2021- City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 X3643 (954) 922-2687 Fax bANIA'BEACH SEA It. LIVE Tr, UWEIT Standard Development Application 0 Q 13 Administrative Variance Land Use Amendment Plat Rezoning Site Plan Special Exception Variance Other: Textamatidmenk Date Rec'd: Petition No.: TX-090-21 (SEEAPPLICATION TYPE SCHEDULE ON PAGES 3 & 4) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT 15 COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation" checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may Impact upon the disposition of your application. As always, the applicant or their authorized Regal agent must be present at all meetings. All projects must also obtain a building permit from the City Building Division. For more information please reference the Dania Beach Land Development Code Part 6, Development Review Procedures and Requirements. Location Address: 100 West Dania Beach Lot(s): _ Block: Subdivision: Recorded Plat Name: Folio Number(s): Legal Description: Applicant/ConsultantjLegal Representative (circle one) City of Dania Beach Address of Applicant: 100 West Dania Beach Business Telephone: Home: Fax: E-mail address: Name of Property Owner: Address of Property Owner: Business Telephone: Home: _ _ Fax: Explanation of Request: Text amendment to create a "Reasonable accommodation" procedure (CAD) For Plats please provide plopased Plat Name for Variances please attach Criteria statement as per Section 625..40 of the land Development Code. Prop, Net Acreage: Existing Use: Gross Acreage; _ Prop. Square Footage: Proposed Use: 1 of 4 Updated 0712021 is property owned individually, by a corporation, association, or a joint venture? _ AUTHORIZED REPRESENTATIVE I/we are fully aware of the request being made to the City of Dania Beach, If I/We are unable to be present, I/we hereby authorize (individual/firm) to represent me/us in all matters related to this application. I/we hereby acknowledge that the applicable fee was established to offset administrative costs and is not refundable. I/we are fully aware that all approvals automatically expire within 12 months of City of Dania Beach Planning and zoning Board or City Commission approval, or pursuant to the expiration timeframe listed in Part 6 of the Dania Beach and Development Code. STATE OF FLORIDA COUNTY OF BROWARD By: -7 The foregoing instrument (Owner 5 Was acknowledged BEFORE ME THIS Pink DAY OF L4 �y vu -►a 20'2!- 1 By: r-Utft col, N %oILeN +- (Print name of person acknowledging) Nota re*) (joint owner signature if applicable) (Signature of Notary Public — State, of Fi--&t a 1-' Personally known or Produced Identification Type of identification produced: DEBORAH E, 5ABINO My COMMISSION 4 GG 303020 i; �,,�. k)(PIRES: March 12, 2023 • FF;fi,`.�' SandedThru kLejy+PublicUndorw6tcrs or Drivers license *If joint ownership, both parties must sign. If partnership, corporation or association, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the application if an authorized agent signs for the owner(s). NO APPLICATION WILL BEAUTOMATICALL YSCHEDULED FOR A MEETING. ALL APPLICA TIONS MUST BE DETERMINED COMPLETE B Y STAFF BEFORE PROCESSING OCCURS 2of4 Updated 07/2021 SunSentinel F09110 PUSLISHZNG aN'OuP Order ID: 7074187 CROSS PRICE " : $302.80 PACKAGE NAME: SSG Notice of Public Meeting Product(s): Son Sentinel, Affidavit, Florida publicnotices.com AdSize(s): 2 Column Run Date(s): Monday, November 1, 2021 Zone: Full Run Color Spec. I3IW Preview NOTICE OF VIRTUAL PUBLIC HEARING CITY OF DANIA BEACH, FLORIDA A Virtual Public licaring will be conducted by the Clty of Dania Beach Planning & Zoning Hoard on the following date to consider the following application' DATE, wedneSday, N6vember 17, 2021 TIME: 7:00 p.m, or a5 soon thereafter as the same may be heard PLACE: Planning & Zoning Board Virtual Meeting Please visit wwwdaniabeachfl.90VNirtualmeetings for detailed Instructions and the specific requirements for participating ill the City s;virtual quasi - Judicial land use meetings. SUR.IECT:TX-090-2'I: Create a "Reasonable AccomlT1000tion" Procedure. The following Is the proposed ordinance of the matter: AN ORDINANCE OFTHE CITY COMMISSION OFTHE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28. ENTITLED "LAND DEVELOPMENT CODE- (LDC)," PART 7, ENTITLED "CODE ADMINISTRATION", ARTICLE 725 ENTITLED "DEFINITIONS," TO AMEND SEC- TION 725-30, ENTITLED "TERMS OEHNED," BY AMENDING THE DEFINITION OF FAMILY, AMENDING PART 1 OF THE LOC, ENTITLED USE REGULATIONS,"ARTICLE 105. ENTITLED "USE REGULATIONS FOR RESIDENTIALAND OPEN SPACE ZONING DISTRICTS, -TO CRE- ATE A NEW SECTION 105 250 ENTITLED 'RE-ASONA9LEACCOMMODATION PROCEDURES AMENDING CHAPTER 28 ENTITLED "LAND DEVELOPMENT CODE", PART 6, ENTITLED "DEVELOPMENT REVIEW FROCEDURESAND REQUIREMENTS,- ARTICLE 610, ENTITLED 'PUBLIC HEARING NOTICES, -AT SECTION 610-20, ENTITLED "TARtk OF PUBLIC NOTICE RE;QUIREMENTS"TOINCLUDETHE NOTICE REQUIREMENTS FORA REASONABLE ACC HEARING BEFORETHE SPEGIAL MAGISTRATE; AND AMENDING CHAPTER 2, ENTITLED -ADMINISTRATION;- ARTICLE IV, ENTITLED "CODE ENFORCEMENT" SECTION 2-84, ENTITLED -POWERS OF SPECIAL MAGISTRATE.- TO AMEND THE POWERS OF THE SPECIAL MAGISTRATE TO AUTHORIZE THE SPECIAL MAGISTRATE TO HEAR APyEAtS RE- LATING 70 A REASONABLE ACCOMMODATION; PROVIDING FOR CONFLICTS, PROVIDING FOR 5EVE RABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies 0f the proposed requests or applicable information are available an line. For more information, please call the Planning Division at (954) 924-6905 Ext. 3704 and staff will fiirectyou to the on-line project information, Please be advlb-.,d that if a person decides to appeal anydeclsiorl made by Local Plan- ning Agency, the Planning and Zonlftg Imard or the City Commission with respect to any matter considered at this hearing, such person will need a verbatim record of the pro- ceedings and for this purpose such person may need to ensure that verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. The City does not provide or prepare such record pursuant to FS. 2.86.0105. Printed:-10/28/2021 83 39:50 AM Page; 2 of 3 Agency Commission not included with Disabilities Act, persons needing assistance to r___ _�_..,� ___.��i as.,. •.:....,i.-.. r. r„ ..��.. non raw.ci i unSentinel F6RLIh! PIJ��xS4-SING G1�6LIf� Order ID: 7074787 GROSS PRICE ` : $302.80 PACKAGE NAME: SSC Notice of Public Meeting Dania eeach aouEevard, Dania eedch, Florida 33004, t954a 924-6800 t xt. 3624, at least 48 hours prior to the meeting. Application Information Application Site: City Wide Project:Toxt amendment Request: A recommendation In support of creating a r$soriablie accommodation hearing process in the citys Rand Development Code, to be presented to the Spectal Magistrate. Applicant City of Dania Reach Hearing Date &Time: Navember 17, 2021 at 7:Q0 PM Hearing wcation: planning & zoning hoard virtual Meeting Please visit www.daniabeachfi.govlvirtualmeedngsfordetailed Instructions and tine spe- clfic requirements for participating in the citys virtual quasi-judicial land use meetings. Contact Informaton: corinne taj010, Assistant Oirem,, AicP (954) 924-6805 Dit. 8704 111112021 7074787 Printed: 10/28/2021 8:39:50 AM Page 3 of 3 'Agency Commission not Included CITY OF DANIA BEACH CITY ATTORNEY'S OFFICE DANIA BEACH SEA IT, LIVE IT, LOVE IT. MI=MORANDUM DATE: November 17, 2021 TO; Planning & Zoning Board FROM: Thomas J. Ansbro, city Attorney Thomas J. Ansbro SUBJECT: Revisions to the City's Telecommunications Ordinance The Request To amend and update, consistent with changes in Federal and State law, the City's telecommunications ordinance. Backeround., Between 2014 and 2021, the state has continuously revised the requirements relating to telecommunications providers, further limiting the powers of local governments to regulate this industry. Below is a list of the major federal and state laws regulating telecommunications. In 2019, the IFlorida State Legislature modified Florida Statutes Section 337.401, entitled "Use of right-of-way for utilities subject to regulation; permit; fees." The state legislature has preempted municipal authority, to a great extent, as it relates to the telecommunication industry's use of municipal rights -of -way, by, amongst other things: allowing communications services providers, pass through providers and wireless infrastructure providers to be permitted in municipal rights - of -way; limiting municipal review time for most wireless facility proposals to a fourteen (14) day application completeness review; a 60 day application compliance review, authorizing antennas located on utility poles to extend ten (10) feet higher than utility pole height authorized by a municipality. The FCC's interpretation of the Federal Communications Act may authorize further modification up to an additional 10 feet. The state law also limits the permitting requirements and fees a municipality may charge ($100.00). Additionally, has precluded the City from negotiating and entering into franchise agreements, soliciting or requiring in -kind contributions, or obtaining certain other consideration as a condition of communications services providers' use of the public rights -of -way, all as more fully set out in Florida Statutes Section 202.24. Moreover, state law has limited the City's zoning authority relating to distance requirements, height, and other design elements with respect to small wireless facilities occupying the rights -of -way, but has not precluded all zoning authority of the City. Although the state legislature has limited the City's authority as to the placement of telecommunications equipment and poles (street furniture) in the public rights -of -way, the City needs to modify its code in order to comply with state law, ensure the demand for telecommunications services is satisfied, but, to also protect the health, safety and welfare of all who drive over, ❑r walk over the City's public rights -of -way, to prevent possible tampering or other interference with City police and transportation equipment located on utility poles, and to avoid sidewalk obstructions, ADA compliance issues, and visibility issues, etc., due to obstruction of the public rights -of -way by street furniture (boxes, poles, etc.), Applicable Laws Guiding Drafting of Ordinance: (1) Federal laws relating to telecommunications: 47 USC Section 332(c)(7)-1996 Federal Telecommunications Act (FTA): creates the Federal Shot clocks and FCC regulation of New Towers/Antennas/DAS nodes. The FTA provides that local zoning principles are generally not affected, and allows a City to regulate aesthetics. It allows a City to control the number of, height, safety issues, and concerns relating to historic areas. The FTA precludes unreasonable discrimination and precludes a city ordinance from prohibiting service (from creating a gap in service) by providers. Please note the FTA als❑ provides for additional height for poles. For example, if the City's height limit on poles is 40 feet, federal law authorizes, by right, up to an additional 10 feet. Health Risks cannot be considered: The 1996 FTA provides that local governments are precluded from regulation radio frequency (RF) emissions of a telecommunications facility — provided the facility complies with FCC regulations, The FCC exempts telecommunications facilities from having to demonstrate compliance with the standards if located 10 meters above ground level. The FCC does not conduct measurements of RF radiatlon from conventional cellular antennas sites. The FCC could reverse a zoning decision if there is any evidence showing concern over radiation as the basis, in part, for the decisions. Shot Clocks. The FCC provides a City with (1) 90 days to review a completed application for collocation; and (2)180 days for other completed applications. Failure to meet these "shot clock" deadlines creates a legal presumption that the zoning agency "failed to act" under federal law and will give an applicant the ability to bring legal action, in an expedited process, within 30 days of the deadline having passed. State law, as indicated above, has further limited the City's review time, which may limit the applicability of the federal shot clocks. 47 USC Section 1455(a) -- a/k/a section 6409(a) of the Middle Class Tax Relief Act: Regulates existing facilities and specifically provides: "Notwithstanding [the FTA], a local government (1) may not deny, and shall approve, any (2) eligible facilities request for a modification of an (3) existing wireless tower or base station that does not (4) substantially change the physical dimensions of such tower o r base station." FCC Oder 14-183 (10-17-2014). This FCC order provides "clarification" on the application of the FRA and the Middle Class Tax Relief Act. The order streamlines rules on collocation and provides "categorial exclusion" from review for collocations. The order specifies that the same shot clocks for DAS eccrinology as for towers. it provides more flexibility for DAS in Historic Districts. Further, collocation is defined broadly to allow collocation on poles and in utility/communications rights- of-wa Y. Florida Statues applicable to Telecommunications; Section 337.401, Florida Statutes provides: "Local governmental entities that have jurisdiction and control of public roads are authorized to prescribe and enforce reasonable rules or regulations as to the placement and maintenance (in, under, across or over) utility or communications services lines." Section 337.401(3)(a), Florida Statutes provides: "In order to foster competition federal and state law require municipalities to treat providers in a nondiscriminatory and competitively neutral manner in imposing rules or regulations governing placement or maintenance of utifities in the right-of-way." (emphasis added). Section 337.401(3)(b), Florida Statutes provides: "Cities still retain their police power to regulate and manage municipal rights-f-way. However, the rules as to communication services "must be related to the placement and maintenance of facilities in the right-of-way, must be reasonable and nondiscriminatory, and may include only those matters necessary to manage the right-of- way- ,J Section 202.20, Florida Statutes: Communications Services Tax. The City cannot charge a franchise fee and the state regulates the amount of fees for review of an application. The City can collect very nominal fees. However, the City does share in the state's communications service tax, and obtains its proportionate share of the State tax. Draft Ordinance: Below is a synopsis of the material modifications proposed to the telecommunications ordinance. The intent of the ordinance specifies that anyone seeking to place or maintain communications facilities in the right-of-way must comply with the ordinance. The definitions section of the Code is updated. Definitions are added for various roadways, communication facility providers, pass -through providers, repurposed structures, stealth design and wireless service. The draft ordinance contemplates a one-to-one swamp out of light poles so that the City does not experience any additional street furniture being placed in the right-of- way. In 2018, the State began requiring, if a city has allowed a communications box in the right- of-way, (usually a 6' by 6' by 5' box) that often holds the electrical connections, a generator, and the brain of a telecommunications facility will be required to allow up to an additional four boxes, without a public hearing or any ability to object to the boxes installation. To avoid all these additional boxes and clutter on the street, the one -to one swap should alleviate the problem. The draft ordinance incudes all the fee limits, and timetables required under Florida Law (Section 337.401, Florida Statutes). All providers are required to register to place or maintain communications facilities in the public right-of-way and they are to annually update the City on all equipment in the City's right-of-way. All providers are to provide notice to the City of any transfer, sale or assignment of assets that are located in the City's rights -of -way. The City requires specific information to be provided as part of the application process, including the proposed location of the equipment, the size of the equipment to be installed, proof that collocation cannot occur (although state law no longer requires collocation, so, it is more difficult to require collocation), and safeguards for the city as to aesthetics, safety, and efficient management of the City's rights -of -way. In 2018, the state changed the law to preclude the ability for a City to require a distance separation between communication facilities. All providers must comply with the Americans with Disabilities Act and the Florida Building Code. Additionally, the state precluded a City from requiring a public for small cell communications facilities. Small cells are the smaller equipment installed on poles that support cellular services. The ordinance also includes provisions relating to the suspension of permits, appeal processes, involuntary termination of registration, existing communication facilities in the rights -of -way, insurance, indemnification, construction bonds, and enforcement of remedies, abandonment of a communications facility, force rnajeure, reservation of rights and remedies, removal of obsolete equipment, establishment of the rate of the communications services tax. The ordinance establishes a maximum of 25 feet of height for street furniture (poles), so that a telecommunications provers does not attempt to put In a 60 foot or higher pole, in the City's right -of-way, The City's regulations within the Land Development Code relating to the installation of large towers or antennas remains predominantly intact. The modifications relate to — changing the section numbers due to all the new provisions in the coder removing lattice construction as it is not aesthetically pleasing; requiring annual review of the structure to make sure they are safe and not a danger; and enhanced landscaping requirements. Budgetary impact There is no budgetary impact to this item. Recommendation It is recommended that the City Commission approve this Ordinance on first reading and schedule second reading. TJA/EAB/la cc: Ana M. Garcia, ICMA-CM, City Manager Candido Sosa-Cruz, Deputy City Manager Thomas Schneider, City Clerk ORDINANCE NO. 2021- AN ORDINANCE OF THE. CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 28, ENTITLED THE "LAND DEVELOPMENT CODE", PART 8 ENTITLED "TECRNICAL APPENDIX, ARTICLE 835, ENTITLED "TELECOMNYL YCATION TOWERS AND ANTENNAS", OF TILE CITY'S CODE OF ORDINANCES, TO UPDATE THE CITY'S TELECOMMUNICA`I'IONS ORDINANCES TO BE CONSISTENT WITH STATE AND FEDERAL LAW; CREATING STANDARDS FOR COMMUNICATIONS FACILITIES' DESIGN, LOCATION AND COLLOCATION; ADDING CRITERIA FOR REVIEW OF TELECOMMUNICATIONS EQUIPMENT AND FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, entitled "Land Development Code" ("LDC"), Part 8 entitled "Technical Appendix, at Article 835, entitled "Teleco=iunication Towers and Antennas", of the City's Code of Ordinances regulates telecommunication towers and antennas; and WMREAS, the City desires to update its ordinance relating to telecommunications to ensure compliance with state and federal law; and WHERE AS, the City Commission wishes to amend the existing sections of the Code of Ordinances to ensure compliance; and WIFIEREAS, the provision of telecornmunications services to residents of and visitors to the City of Dania Beach ("City") is both an important amenity and often a necessity of public and private life in fhe City; and WHEREAS, the demand for telecommtmications services has grown exponentially in recent years, requiring the continual upgrading of telecommunications equipment and services to satisfy such demand; and WHEREAS, in 2019, the Florida State Legislature modified Florida Statutes Section 337.401, entitled "Use ofright-of way for utilities subject to regulation; permit; fees;" and WHEREAS, the state legislature has preempted municipal authority, to a great extent, as it relates to the telecommunication industry's use of municipal rights -of -way, by, amongst other things: allowing comnnunications services providers, pass through providers and wireless infirastTucture providers to be permitted in municipal rights -of -way; limiting municipal review time for most wireless facility proposals to a fourteen (14) day application completeness review; a 60 day application compliance review; authorizing antennas located on utility poles to extend ten (10) feet higher than utility pole height authorized by a municipality (Note, however, that the FCC's interpretation of the Federal Communications Act may authorize fiuther modification up to an additional 10 feet); and limiting the permitting requirements and fees a municipality may charge ($100,00);` and WHEREAS, the state has precluded. the City from negotiating and entering into franchise agreements, soliciting or requiring in -kind contributions, or obtaining certain other consideration as a condition of communications services providers' use of the public rights -of -way, all as more fully set out in Florida Statutes Section 202.24;" and WHEREAS, state law has limited the City's zoning authority relating to distance requirements, °` height," and other design elements with respect to small wireless facilities occupying the ri_ghts-of way, but has not precluded all zoning authority of the City; and WHEREAS, the City categorizes utility poles, the equipment enclosures, and other structures placed in the rights -of -way for telecommunications and other utility uses as "street furniture;" WHEREAS, although the state legislature has limited the City's authority as to the placement of telecommunications equipment and poles (street fimiture) in the public rights -of - way, the City needs to modify its code in order to comply with state law, ensure the demand for telecommunications services is satisfied, but, to also protect the health, safety and welfare of all who drive over, or wally over the City's public rights -of -way, to prevent possible tampering or oilier interference with City police and transportation equipment located on utility poles, and to avoid sidewalk obstructions, ADA compliance issues, and visibility issues, etc., due to obstruction of the public rights -of -way by street furniture; and WIiEREAS, the City desires to continue to regulate towers placed on private property, consistent with the requirements of the City's land Development Regulations; and WHEREAS, the City has reviewed its ordinances and has concluded that the Code of Ordinances must be updated to be consistent with state law; and WHEREAS, adoption of the following amendments to Alticle 835 of the LDC are necessary to satisfy the above obiectives; NOW, THERE, FORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DAiVIA BEACH, FLORIDA: 2 Ordinance #2021- CHAPTER 28 .LAND DEVELOPMENT CODE ARTICLE 835. — TELECOMMUNICATIONS TOWERS, WIRELESS SUPPORT STRUCTURE Si,AND ANTENNAS Sec. 835-10. -Intent. It is the intent of the City to romote the pubUc health safety and general welfare b providinz for the lacement and maintenance of communications facilities in the public rights- of—wayrights-of- wqy within the Ci • ado tin and administering reasonable re lations not inconsistent with state and federal law, including, but not limited to, -Florida Statutes § 337.40 47 USC § 1455al Orders issued b the FCC as they nza be amended from time to time the Cit 's home -rule authorit and in accordance with the provisions of the Communications Act of 1934 as amended and other federal and state law; establishing reasonable rules and regulations necessary to manage the placement or maintenance of communications facilities in the public rights -of -way b communications services roviders• and minimizing disru tion to the public ri hts-of wa . In regulgfiW,its public ri hts-of-wa the Git shall be overned b and shall comply with all avnlicable federal and state laws. Persons secking to place or maintain communications facilities on private proven or propedy owned leased or controlled by the Cily, including rights -of -way shall comply with theprovisions of the LDC. Persons seeking to place or maintain communications facilities in the public rights- of-1 av also shall comply with the provisions of this Article. The regulation of towers and antennas in this Article is intended to: (a) Promote the health, safety and general welfare of the citizens and residents, the traveling public, and other persons by regulating the siting of teleeiisatien towers; (b) Provide for the appropriate location and use of towers and antennas within the City; (c) Minimize adverse visual effects of teles.&�' }:"� towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; (d) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower strictures; (e) Protect residential areas and land uses from potential adverse impacts of tejeeeffunu atiei*-towers raid antennas by maximizing use of any new or existing towers through shared use (i.e., collocation) to reduce the number of towers needed; #} It eeeriatael�aton�a--are- a—rtService and 4 'n s—an,' ante na­,�� e a�ec l�er�-t ei a Ordinance #2021- (g)G) Use of public property shall be given the highest priority in siting telecom-x-tok-atien towers and antennas, and (h) Authorize collocation, when authorized under state and federal law. Kali-1 Myeeiiqidefed and -imp An f , ter ; „ludea_,.n See. 835-20. - Definitions, For purposes of this Article, the following tensphrases, words and their derivations shall have the meanings given. Where not inconsistent with the context, words used in the present tense include the future tense words in the plural number include the singular number, and words in the singular number include the plural. number. The words "shall"_and "will" are mandatory, and" maw is Pei -missive, Words not otherwise defined shall be construed to mean the common and ordinary meaning. Abandonment shall mean the j2ermanent cessation of the use of a communications facile provided that this term shall not include cessation of all use of facili within a physical structure where the physical structure continues to be used. By wa of exam le and not limitation cessation of all use of a cable within a conduit where the conduit continues to be used,.shall not be "abandonment" of a facility in public ii hts-of-wa . It may also mean the discontinued use -of obsolete technology in favor of new technology, which would require the removal of the discontinued, abandoned technology. Antenna. A transmitting or receiving device used for wireless communication services that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecotmnunication signals or other communication signals, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas and satellite earth stations. An antenna shall include communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services_' Al2,211cable codes has its ordinary meaning; provided however that the definition of applicable codes set out in this Article shall apply to applications for small wireless facilities made QUrsuant to Section 835-60."' Applicant shall mean any person filing, an application: provided however that the definition of qpplicant set out in Section $35-60 a 2 of this Article shall apply to aRplications for small wireless facilities made pursuant to Section 835-60. A lication shall mean M request by a persori for issuance of a registration, permit or other authorization from the City; provided however that the definition of application set out in Section 835-60 a 3 of this Article shall apply to requests for authorizations for small wireless facilities made pursuant to Section 835-60. Arterial roo hPay shall mean any street or roadway that constitutes. the highest degree Qf mobility at the highest speed, far long, uninterrupted travel, and constitutes the largest -proportion of total travel as per the Federal Functional Classification Ma maintained by the State of Florida Department of Transportation District Four Office, as amended. Ordinance #2021- Authori shall mean the county or Cit Navin F Jurisdiction and control of the ri hts-of wa of an public road in this case the Cityof DaniaBeach,Florida. The term does not include the Florida De artment ofTransportation, which is excluded from the requirements of Florida Statutes Section 33L401L7'" AythoriL ytflLty pole shall mean a util& pole owned by the City in the ri t-of-wa . The term does not include a utili ole owned by a City electric utility,or-a utility Role used to support municipally owned or operated electric distribution facilities.'"" City shall mean the City of Dania Beach, Florida. Collector roadway shall mean any street or roadway that provides a mix of mobility and land access functions linking major land uses to each other or to the m-wrial hdghway system as per the Federal Functional Classification Ma maintained by the State of Florida De paAment of Trans ortation District Four Office as amended. Collocation or collocate shall mean to install mount maintain modify, aerate or replace one or more wireless facilities on under, within, or adjacent to a wireless support structure or utili ole. The term does not include the installation of a new utilitpole or wireless su ort structure in the public n'ghts-of way.'x Communications acili shall mean a facilily that mgy be used to provide communications services, as per Florida Statutes Section 337.401, as amended. Multiple cables, conduits, strands, or fibers located within the same conduit shall be considered one conununications facility. For avoidance of doubt the utility oles wireless su art structures wireline backhaul facilities cables and other structures and e ui meat explicitly excluded from the definition of "wireless facili " are communications facilities which re wire either a pemift or a specific exem tion from ROrmitting before they mgy be placed or maintained in the public ri hts-of wa , Communications services shall mean, the transmission conveyance or roufigg of voice data audio video or any other information or signals, including video services to a point, or etween or among points,by or tluou h an electronic radio satellite cable o tical microwave, or other medium or method now in existence or hereafter deviSeCL regardless of the protocol used for such Ixansmi,ssion or conveyance, as pex Florida Statutes 6 202,11 as amended. The terns includes such transmission conveyance, or routing in which comp uter processing Lipplications are used to act on the form code. or Rrotocol of the content for ppMoses of transmission conveyance, or routin without regard to whether such service is referred to as voice over-Intemet- rotocol services or is classified by the Federal Communications Conunission as enhanced or value-added. The teiTa does not include: 1 Information services. 2 Installation or maintenance of wiring orequipment on a customer's premises. 3 The sale or rental of tan ibIc personal propeLty. 4 The sale of advertising, inGluding,but not limited to directog advertising. (5) Bad check charges. (0 Late payment charples. Orditlancc #2021- ill Billing and collection services. 8 Internet access service electronic mail service electronic bulletin board service or similar on-line computer services. Cor munications serNees provider shall mean a person other than a communications facili provider or a pass-tli ough rovider as that term is used in Florida Statutes § 337.401 as ainonded. Conimunicatioi,u services tax shall mean the local communications services tax authorized to be levied and collected by counties and munigil2alities, upon char es for communications services pursuant to Florida ,Statutes § 202.20 as amended. Existing structure shall mean a structure that exists at the time an application for Rermission to place antennas on the structure is fled with the Cie . The term includes py structure that can structurally suppoil the attachment of antennas in compliance with the a licable codes. FCC shall mean the Federal Communications Commission. Guyed tower. A telecommunication tower that is su orted in whole or in ar-t by guywires and ground anchors. In Public rights -of -way or in the ublic rights-of-ivay shall mean in, on, over, under or across the public rights -of -way. Make -read s; work means a process ley which existing attachments on a utili ole must be rearranged so that the utility pole can be made ready to accommodate new attachments, which ma include re lacin a pole with a repgKposed structure.` Micro wireless fyvW02 shall mean a small wireless facility having dimensions no lamer than 24 inches in length, 15 inches in width and 12 inches in height and an exterior antenna if any, no long£ than 11 inohes'ii ,Microwave. A dish -like antenna used to link wireless communication services sites together by wireless transmission of voice or data. ,Monopole rower. A telecommunication tower consisting of a single pole or spire self - supported by apennanent foundation and constructed without guy wires and ground anchors. Paned antenna. An array of anteiuias designed to concentrate a radio s agn 1 in apm-iicular area.. Pass -through r'ovider shall mean any person who glaeg or maintains a communications facility in the roads or rijahts-of way of a municipality or county that levies a tax pursuant to Florida Statutes Chapter 202 and who does not remit taxes irn osed by that municipalitymunicipaliLy or county pursuant to Florida Statutes Chapter 202 and Section 33 .401.xiii Permit shall include but not be limited to Dania Beach Public rig—ht-cf-way permits whether issued by the Cily Commission the Planning & Zoning Board or staff issued. Person shall include any individual firm association, pint venture, partnership estate, trust, business trust, syndicate, fiduciary_. corporation, organization. or legal entity of any kind, successor, Ordi i mce #2021- assignee transferee ersonal representative, and all other rou s or combinations and shall include the City to the extent the City acts as a communications services provider. Place or maintain or placement or maintenance or placing or maintaining shall mean to erect construct install maintain lace repair, extend expand, remove peguy, locate or relocate an item. A erson that owns or exercises physical control over a communications facility in public ri hts-of-wa such as the physical control to install remove maintain or repair, is "placing oz maintaining" that communications facilily. Additional.y, when a communications facility in the public ri hts-of-wa uses FCC licensed spectrum to provide communications services the FCC Licensee ror, in the case of licenses subject to long term de facto s ectrum leases the lessee of the licensed spectrumspectiuml of the communications facility is "placing or rmairntairun " that commumeations facilit .7i° Public rights -of -way shall mean a public right-of-way, hi hwa street bridge, tumnel or alle for which the Cily is the authority that has jurisdiction and control and may lawfblly grant access to pursuant to applicable law, and includes the surface, the air space over the surface acid the area below the surface. "Public rights -of -way" shall not include private properly or easements over rivate roer , "Public ri is -of wa " shall not include gU real or personal City roe except as described above and shall not include Citybuildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights -of -Kay. Registrant shall mean a communications services provider that has registered with the City in accordance with the provisions of Section 835-40 of this Article and bolds an effective registration. Registration or register shall mean the process described in this Article by which a communication services provider, communications facility _provider or pass-tluouuhprovider provides certain information to the _City. Re ur osed Structure shall mean an Existing Structure owned by the City that has been renovated reconft ured or replaced with a similar structure so as to continue serving its existing 12uLpose while also sup—partingggp-parting the attaclunent of communication facilities or antennas t1gough Stealth Design that is approximately in the same location as the Existing Structure and in such a manner that does not result in a net increase in the number of_str�ucttues located within the public right-of-way, which. be installed as directed by the City Public Services Department Director and does not interfere with pedestzian or vehicular access is compliant with the Americans th Disabilities Act Florida Building Code and Florida De aAment of Transportation's Manual of Uniform Minimum Standards for Design—, Construction and Maintenance for Strects and Hi hwa s as same may be amended from time to time. By way of illustration oril.y, where a 11ht pole existing within the public right of way is removed and is replaced with a new lift Hole that is substantially similar to the old light pole but now supports the attachment or integration communication facilities, the new light pole shall be considered a "repurposed structure." Unless stated otherwise, all references to "communications facilities" or "wireless facilities" shall also m2ly to re ur osed structures. To "re err ose an existing stiucture" shall mean the act of renovating, reconfs urin or re lapin an tructure as described above. The rovider that later removes a repurposed structure shall reinstall a new light polel_utility _pole or _other a licable structure in the rights-of-way,dghts-of-wpy, at the direction of the City. During the life of tile use of the re our osed structure a the City shall hold bile to the re ui osed structure , (W the City shall Ordinance #2021- pqy all costs associated with the maintenance and operation of City facilities located on the repMosed structure and c the communications services provider or wireless infiastY-uctwe provider proposing the re ui osed structure shall a all costs associated with the maintenance and operation of its facilities located on the reioWMosed structurg�,.includilig without limitation the cost of electric -power for its facilities. A communications services provider or wifeless infrastructure rovider proposing to re ose an Existing structuue owned by the City may propose to own and operate the re urosed structure and to a all costs associated with the ownership and operation of the re ur osed structure including the costs associated with the Cit 's e ui meet located on the repMosed structure and if such a 12roposal is accepted by the City,title to the ra ui osed structure shall be conveyed to the communications services provider or wireless inlr-astructu e provider. provided however no such conve ante shall convey any right, title or interest in any portion of the public riffs -of -way. Small wireless facility shall mean a wireless facibly tliat meets the following qualifications: (a) Each antenna associated with the facifily is located inside an enclosure of no more than six 6 cubic feet in volume or, in the case of antcnwas that have exposed elements each antenna and all of its exposed elements coLdd fit within an enclosure of no more than six 6 cubic feet in volume- and (b) All other wireless a ui went associated with the facili!y is cumulatively no more than 28 cubic feet in volume. The following es of associated mcillm equipment are not included in the calculation of equipment volume: electric meters concealment elements telecommunications demarcation boxes ound based enclosuresgrounding equipment, power transfer switches cutoff switches vertical cable runs for the connection of power and other services and utility poles or other support structures." Smart CiU teclinology shall mean the use of various 13Mps of electronic data collection sensors to supply information to manage Cit-assets and resources efficiently. ' his includes data from citizens, devices and assets that is processed and analyzed to monitor mid manage traffic acid transportation systems, power plants, water supply networks waste many ement law enforcement informations stems schools libraries hospitals, and other connnunity services,. "Smart Ci " technology integrates information and communication technology and various physical devices into a network to o tirnize the efficiency of City aerations and services and to connect to citizens. Smart Citz initiative means the Rgesent and future plans of the City of Dania Beach to implement smart QX technology throw e to went installed in the rights -of -way. Stealth design shall mean a method of camouflaging any tower, antenna or other communications facility, including —but not limited to, suyportinv electrical or mechanical e ui men!, which is designed to etiliance egmpatibijily with adjacent land uses and be as visuall unobtrusive as possible. Stealth desigg mgy include a ropMosed structure or portion of a rgpurposed structuure i,e.- re ur osed light pole. or re -purposed light on a ole . Ordinance 42021- !ewer .tha k--a63tstF � vMlie d-paumd-ads. Tower shall mean any structure designed solely or primarily Co SU212ort a communications facility's antennas.'i Utilitu ,vole 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 si na a or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which siggal lidits or other traffic control devices are attached and does not include a pole or similar structure fifteen LIQ feet in height or less unless the City ants a waiver for such pole. The term does not include a "wireless su ort structure," such as a tower or monopole."'" Wireless facilkv shall mean a tyl2e of communications facility comprised of equipment at a fixed location which enables wireless communications between user equipment and _a communications network including radio transceivers antennas wires coaxial or fiber-optic cable or other cables regular and backu power supplies, and corn arable a ui ment re ardless of technological configuration, and cguipment associated with wireless communications. The term includes small wireless facilities. The term does not include: (a) The structure or un rovements on under, within, or adjacent to the structure on which the equipment is collocated,• (b) Wireline bael haul facilities; or (c) Coaxial or fiber optic cable that is between wireless structures or utility poles or that is otherwise not immediately ad`acent to or directly associated with a Darticular antenna.15i [fireless infrastructure provider shall mean a 12erson who has been certified to provide telecomrrrunications service in the state and who builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures but is not a wireless services provider.xix Wireless provider shall mean a wireless infrastructure provider or a wireless_ services raver Wireless services means any services provided using licensed or unlicensed spects_•_tp, whether at a fixed location or mobile using wireless facililies."x' Wireless services provider means a parson who provides wireless ser_vlces.o" h. wireless services j2rovider is a jyRe of communications services provider. Wireless sop. opt sowalure means a freestanding structure, such as a monopole, a_guyed or self-supporting tower, or another existing or proppsed structure designed to support or ca able of sup-portingsup-porting wireless Facilities, The teen does not include a utilityole.ri""' Ordinance 42021- rAfi�r�ic[[ii�g or $�1`1,._ a 1 f..�� al �a av`�iaii ,+<.w.ry -Fadia*s-,Ew- 1„ a l-. o-mn r et n sj r1�rri+n,l- -,2 fb�alog signals-, vadie ftequenoiee (exelt fadffgi"��i tel nl„rl:.wn directional anteiif,as, s ,o3-a a an - adz ARtp;4;; aFA4nmy�,imd- satellite . i - " C j - r � • - C - - C y .6. , . mw y wlep " Sec. R35-30. — Registration for placing or maintaining communications facilities ill nublk rislits-of-way. Proof of a current valid registration tinder this Section shall be included in any administrativel reviewed application."'" (a) A communications services provider, wireless infrastructure provider, or pass -through provider that desires to place or maintain a communications facility in public rights -of way in the City shall first resister wit1Y the City in accordance with this Article. This Article provides no right of access to the public dghts-of-wgy for persons other than communications services providers or wireless infrastructure providers. Subject to the terms conditions and limitations pLescribed in this Article, a registrant nigy pjace or maintain a communications facility in public ,rishts-of-wa r aver registration, review and permitting, and as m4y be subject to the exemptions as set forth in Florida Statutes Section 337.401(7){e� lv 10 Ordinance #2021- (b) A registration shall not convey any title, equitable or legal, to the registrant in the public rights -of -way." Tangible persoml property placed in the public rights-of-wu pursuant to this Article shall. retain its character as tangible personal property and. shall not be regarded as real property, fixtures or mixed property. Registration under this Article goyein_s only the placement or maintenance of conimuicatious facilities in pAblic ri is-o£ wa . Other ordinances codes or regulations may apply. to the placement or maintenance in the public rights -of way of facilities that are not com muiications facilities. A registrant seeking to place or maintain facilities in the public fights -of way for the VpDose of providing services other than communications service must obtain all additional and separate authorizations from the City as may be required by applicable law. Registration does not excuse a registrant from obtaining appropriate access -or pole attachment agreements before locating its facilities on the Cit_y's or another person's facilities. Registration does not excuse a registrant from complying with all applicable City ordinances, codes or reg Lilations,including this Article. Lc) Each communications services provider, wireless infrastructure_ provider, or pass_thxough provider that desires to place or maintain a communications facility in public ri .- ts-a_f'_way in the City shall file a single_ Uplication for registration with the City which shall include the following in:forrnationJO"`i; — - - (1) Name of the registrant, (2) Name, address and teI.ephone number of the registrant's primea-v contact person in connection with the registration, and the person to contact in case of an emer_ eg . nc., (3) The type of communications_services that the registrant provides or intends to provide within the City (if more than one, state all that apply), or, if node_ , indicate that the registrant is a wireless infrastructure provider or a pass -through provider, as the case may be, and whether the registrant currently remits or intends to remit the communications service tax authorized in Florida Statutes Chapter 202. 4 Evidence of the insurance coves e required under this Article- or proof of self=insured status adequate to defend and cover claims, (5) An acknowledarnent that registrant has received and reviewed a copy of this Article, which acknowledgment shall not be deemed an agreement (6) Proof of authority to do business in the State of Florida, including the corporate certification_ identification number, and (7) The number of the registrant's certificate of authorization or license to oroov-ide communications services issued by the Florida Public Service Commission or the FCC. A registrant proposing to place or maintain a wireless facility operating on spectrum licensed by the -FCC shall supper the .file number of the FCC license authorizing such wireless service within ten (10) days of a .request from the City Manager or the City Manager's designee. (d) _ - Registz;ation application fees; no registration application fees shall be _imposed for registration under this Article. (e) _ The City shall review the information submitted by the registrant. Such review shall be b�! the City Maiia er or his or her designee. If the a licatiozl pyovides all information in accordance I l Ordinance #2021- with subsection CO above and is otherwise in compliance with the r.Nuirements of this Article, the re istration shall be effective and the City shall notify the registrant of the effectiveness of registration in writing if the Cit determines that the a lication omits information re aired b subsection (c) above or that the application otherwise fails to comply with the requirements of this Article the Cit shall notify the registrant of the non -effectiveness of registration, and reasons for ffie non -effectiveness in wtihin :The City shall so reply to are istrant within 30 da s after recei t of -the registration application from the registrant. Non -effectiveness of registration shall not preclude a registrant from filing subsequent applications for registration under the Drovisions of this Section, A registrant has tbi 30 da s after receipt of a notice of non -effectiveness of registration to appeal the decision as provided in Section 835-80 of this Article. A re istrant mLqy cancel a registration upon written notice to the Civ stating that it will no longer place or maintain any communications facilities in public rig its -of wary within the Cites will no longer need to obtain peimits to perform work in public ri hts-of-vua . A. registrant is precluded from cancelling a re istration if the registrant continues to place or maintain an communications facilities in -public ri hts-of wa . (g) Registration does not in and of itself establish a right to place or maintain or priorijy for the placement or maintenance of a communications facilitypublic rights -of -way within the City but shall establish for the registrant a right to Uply fora ermit." To the extent that any person or_egistrant a "third -pgly benefici " leases or otherwise uses communications facilities which a different person or registrant (a "third party'') places -or maintains in the public rights -of -ways such third -party beneficiary shall make no claim nor assert any right which will impede the lawful exercise of the Ci 's rights vis-a-vis the third- artor the third- art's facilities iucludin the My's right to require removal of such third -patty's facilities from the public rights -of -way. This. limitation on the rights of_fhirdparty beneficiaries shall apply regardless of the effect on the third - party beneficiary's abilfty to place or maintain its awn communications facilities in the public rights-of-wM. Registrations are expressly subject to any future amendment to or replacement of this Article and further subject to any additional Qy ordinances as well as an state or federal laws that may be enacted from time to time. (h) registrant shall apply to renew its registration with the City each year, on or before October 111. An such registration renewal a lication shall be governed by the requirements of Subsections (c) and (e), above. Within thirty (30) days of any ebauge in the information required to be submitted pursuant to subsection c above istrant shall provide updated information to the City. Failure to renew a registration may result in the -City restricting the issuance of additional permits until the lapsed registrant has corn lied with the registration re uirements of this Article. (i) In accordance with applicable City ordinances.,_ codes or regulations, and subject to applicable statutory limitations a 12eiTnit is re uired of a registrant that desires to place, maintain or modif a communications facility in public ri hts-of-wa , L 1 An effective registration shall be a condition precedent obtaining approval of peimit._ Notwithstanding an effective registration, all permitting requirements_ of the City shall apply. A permit may be obtained by or on behalf of a re istrant having an effective registration if all permitting requirements are met. (j) All applications filed pursuant to this Article, including without limitation applications for registration and applications for permits, _shall -be _filed in the name of the real party in interest. 12 Ordi nanco 4-2021- Applications, amendments to applications, and responses to written inquiries from the City peilairdng to g9pligations shall all be in writing d shall be signed by the a Rficant. The signature of a person on an application, amendment or response to a City inquiry constitutes a certification to the effect that the -person has read the document and that it is true correct and complete to the best ofthc si Yator's knowledge after reasonable in air . If the City adopts a written or electronic form for an application, the application shall be submitted on that form and. shall include all applicable information and exhibits required by that form. Failure to agosecute, an a lication shall be cause for dismissal of that application, without fiuther consideration. Patch -filed re uests for Remitting multiple communications facilities which are bundled into a single a alication are subject to dismissal if a registrant fails to groscgute any individual reguest for a communications facility included in the application. For avoidance of doubt failure of an applicant to respond in a timely fashion to official corres ondence or to any official request for additional information will be cause for dismissal of its application for failure to prosecute.'°°` k In any matter peitaining to an gRi2lication, neither the agglicant, nor any person acting on behalf of the applicant. shall: (1) In any written or oral statement of fact intentional)provide material factual information that is incorrect or intentionally omit material information that is necessary to prevent py material factual statement that is made from being incorrect or misleading, 2 In any written statement of fact rovide material factual information that is incorrect or omit material information that is necessary to prevent any material factual statement that is made from being incorrect or misleading without a reasonable basis for believin that my such material factual statement is correct and not misleading, ' Sec. 835- 0 Transfer, sale, oF assignment or h othecation of assets in ublic ri hts-of-wa . La } A registrant shall not transfer, sell or assi n all or My por-tion of its assets located in public rights -of -Way except to a person holding, a valid registration issued pursuant to Section 935-30. A registrant_placiu or maintainin he ublic ri ts-of--wa a facili o eratin on spectrum licensed by the FCC shall deliver a copy of any Filing, with respect to the FCC license puxsuant to 47 i7.S.CU,S.C. 010 d to the City Manager, with a copy to the City Attorney,within ten 1 D da s of tendering the filing with the FCC. 'Written notice of the consummation of any such transfer -sale or assi nment of assets along with assignee/transferee's signed and sworn certification of its compliance with the requirements of this Article, shall be provided by such registrant to the City within 30 days after the effective closing date of the transfer, sale or assignment. if permit a lications are pending in the name of the transferorfassi nor the transferee/assignee shall notify the City Manager that the transferee/assi nee is the new registrant. (b) Subject to this Article and applicable lauv led es in trust or rnort a es of he re istrant may be made to any person with notice to the City. No security interests, liens pledges, hypothecations or encumbrances of any kind shall pply to public rights-of-wayrights-of-wgy or City prove as a result of tho._placement or maintenance of a registrant's facilities in the Rublic .xi ht 13 Ord itiance ##2021- way or upon an authorized utility hole. Any mortgage, pledge, hypothecation, lease lien or other encumbrance on a registrant's facilities 121aced or maintained in the public ri hts-of wa shall be subject and subordinate to the rights of the City u n d e r this Artiole and applicable law. In the event my security interests liens pledges, hypothecations or other encumbrances are created which violate the re uirements of this subsection the re 'strant shall discharge all such interests liens and encumbrances at its expense within ten 10 days of receiving notice or the City may discharge such interests, liens and encumbrances, and charge the costs, plus reasonable attorneys fees to the registrant. c Violation of the requirements of this Section. 935-40 will subject the registrant to a i;irke of uuu to $500.O0. Each day the registrant fails to comply shallconstitute a separate violation. The City does not claim the right to approve or deny re 'strants' asset transfers or assigmnents to communications services providers or wireless infrastructure providegs authorized to place or maintain at least one communications facility within the public rT hts-of-wa and the failure to comply with this Section does not void an such. asset transfer or assignment. The Ci reserves the ri ht to exclude persons other than communications services providers and wireless infrastructure providers fiom its ri of way. Transfers or assig=ents of a communications facifily to persons other than a communications services provider or a wireless itifi'astructure rightprovider who will pJace or maintain at least one communications facili within the public s-rIghLq- X re uire compliance with this Section to ensure continued use of the public rights -of -way. Sec. 835-50. Placement or maintenance of a comrxiuuicatians facility in public rights -of -way. Unless included in Section 835-60 a I the provisions of this Section do not a 1 to small wireless facilities. (a) A registrant shall at all times comply with .and abide by all applicable provisions of the state and Federal law and City ordinances codes and re lations in placing, maintaining,or modif)jng a carrgunications facility in public _ri hts-of.-way_ (b) A registrant shall not commence to place, maintain or modify a communications facility, including without limitation a wireless fqqilityjn public rights-of-wayrights-gf-wgy until all applicable peirnits, if any, have been issued by the City or other a ra riate authori - plovidgd, however, in the case of an emergencv, a registrant may restore its damaged facilities hi the right-of-way to their pre - emergency condition or replace its destroyed facilities in the rights -of wav with_ facilities of the same size character and quality, all without first applying for or receiving a permit. The term "emergency" shall mean a condition that affects the public's health, safety. _ or welfare, which includes an unplanned out-of=service condition of a rep existing service. The registrant shall provide prompt notice to the Cit of the re air or re lacement of a communications facilit in public rights -of -way in the event of an emergency, and shall be required to obtain an after -the -fact petmrtit if ail` a permit would have originally been required to perform the work Undertaken in the ublic rigbts-of-way in connection with the emergency. Registrant acknowledges that as a condition ofimantigg permits,the City ing3LiWose reasonable rules or re I Lions goveming the placement or mainten_wice of a communications facility, including, without hmitation,_a wireless fachily, in ublic ti hts-of wa . Permits shall apply only to the areas of public ri is-of-wa 14 Ordinance #2021- specifically identified in the pegmit. The City may issue a blanket eimit to cover certain activities such as routine maintenance and repair activities that ma otherwise require individual Permits. The QX mgy not re uire approval or re uire fees or other charges for l routine maintenance replacement of existing wireless facilities with wireless facilities that are substantially similar or of the same or smaller size,• or 3 installationplacement inaintgnance or replacement of micro wireless facilities that are sus ended on cables strung between existing utilit oles in com fiance with applicable codes by or for a communications services provider authorized to occupy the ri is -of wa and who is reluitting taxes under Florida Statutes Chapter 202• provided however that prior to engaging in any such activity, a registrant shall provide the City written notification via email to the Director of the Pubic Scivices De ailment of its intention to en a e in s ecific permit -exempt activities including: x a description of an a ui ment to be installed in or removed from the public tights -of -way and the a ui moat's location in a fomat required for inclusion in the Ci 's G1S database and z a demonstration that each proposed activity is exempt from the requirement of obtaining apermit-, and provided further that the City shall require a ri ht-ref wa ernilt for agy otherwise-pennit-exempt.activity that involves excavation closure of a sidewalk or closure of a vehicle lane'°"' Occupation of the right-of-way by registrants is subject to City policies strongly favoring the strewhening of utilily infiastructure in particular as it relates to floodin and hurricane related events. Subject to any applicable regulatoLy a roval slid to the extent allowable under applicable law, registrants shall be, required to periodigally j2ropoae and implement an infrastructure hardening plan for registrant's communications facilities wiNu the Ci 's rights of way. c As part of any permit application to place a new, or to modify or re lace an existing, communications facility in public rights -of way, the registrant shall provide the following 1 The location of the ro osed facilities including a description of the facilities to be installed where the facilities are to be located and the gpproximate size of the facilities that will be located in public rights -of -way in compliance with the dimension requirements set out in this Article.'°""The locations ecified in the application must be the actual location where registrant.intends to construct the proposed communications_facility. _and shall not include contingent alternative locations. A lications containin contin ent or alternative locations will be denied or dismissed and returned to registrant without fnU-ier consideration, (2)... _With respect to proposals to locate a new utility oln a or wireless sup-P. Structure or to r laCe an exi5ting utility ole or wireless su ort Stx'UCtUre ill the ri ht-of wa engigeering documentation dcmonstratin : i how the proRosed utilily pole or wireless support structure can accommodate multiple joint) - located wireless facilities;"""" ii)-why the City's interest in safe,_ aesthetic, efficient and effective management of the public rights -of -way is better served b the proposed utility pole or wireless support structure than by a communications facility that could accommodate multiple jointly -located wifeless facilities; (iiD why a re ui osed structure is not better suited to or feasible for the site or iv 15 Ordinance #2021- why the proposed construction is exempt from .the reclpiremonts of stibsectiotts (i)-(iii), above. ^ 3 A description of the mariner in which the facility will be installed i.e. anticipated construction methods or techniques). The Ci shall require a construction bond to cover the cost of the Proper re air of fte right-of-wayright-of-wgy due to any digging,dredging, avin lRying of cable or fiber -optics in the rights-of-way' i is-of-wa . All registrants shall comply with Broward Coum 's Manual standards for re air of the sidewalks or streets and shall refi•ain from any activky causing a risk to pedestri= and vehicles due to irrr o er re air. The Ci shall determine the amount of the bond and the City shall be named the beaeficiag of the bond should the scope of the work covered by the bond not be properly completed. All work shall require either a construction bond or escrow agreement for work after the fact to cover the scope of work relating to restoration or replacement of the Ci 's sidewalks electrical connections and paying. The s ecifics for the construction bond are located in Section 835.130 of this Article."' 4 A maintenance of traffic lan for any disruption of thepublic ri hts-of way- 5 For pgMoses of assessing impact on right of way resources the following will be evaluated: what are the effects on historic contributing structures or residential structures, what is the potential for the applicant to include multiple wireless facilities or re 1 osed structures' what information is provided by the applicant on the ability of the public ri is-of=way to accommodate the proposed facility, including both information that identifies all above -ground ground structures(including light poles, power poles, equipment boxes and antennas currently qxistin& in the public rights-of-wa in the City within a fifty 50 feat radius of the -proposed facility and infomation that. identifies all below -ground structures cuTently existingpublic ri hts-of-way in the City within a fifty foot 50' radius of the Droposed facility, if available such information m4y be provided without certification as to coreectness, to the extent obtained from other registrants with facilities in the public rights -of -way). However, if the City administrative staff determines that it (1) better serves the City's interests in safe, aesthetic, efficient and effective mmlageament of the public rights -of way; _(2) is necessary to address a documented lacic_of ca�aacitz for one or more carriers; or (3) will help minimize the total number of communication facilities necessary to serve a_particular area, then_ either, or both of the fifly-(50)_ foot distance requirements, may be. modified. The registrant shall provide corn etent substantial evidence_ to reflect that the above conditions are met . in order to waive either of these distance requirements, and ensure compliance with all the other requirements_ of this Article. 16 Ordinance 42Q21- Note that applications for collocation of small wircle.Ss facilities under Section 835-60 are not subject to a mandatory distance separation, but are subject to the site relocation procedures set out in Florida Statutes_ Section 337,401(7)(d)4. (6) If appropriate given the communications facility ro osed an estimate of the cost of restoration to the public ri hts-of-wa also see: subsection 3 above). 7 The timetable for construction of the facility project or each phase of a project, and the areas of the Cily which will be affected. $ Whether all or an onion of the proposed communications facility will. be rented hired leased sublet or licensed from or to any other person. 9 Prior to installation of any new or additional equipment in the rights -of -"a at a specific site the re istrant shall be required to remove MY and all unutilized or abandoned equipment. Any application to install new or additional a ui iment shall identify the abandoned or unutilized equipment that shall be removed prior to the installation of.py new or additional technology orequipment in the ri hts- ofof. -wa_ l If there exists a communications facilily by the same registrant within the right-of-way that is adjacent to or within fifteen (15)_feet of the -proposed .new communications facility location, the registrant shall be required to remove and consolidate the equipment into one facifty, so as to not create a second location for street furniture within such a minimal distance. 11 A certification that the communications faciliV complies with all OSHA requirements for radio frequency exposure of workers accessing the areas adjacent to the communications facility or, if power levels prevent registrant from making this certification a plan, acceptable to the City, for Mming off or reducing power to the communications facility when workers are present in the vicinity of the co=unications_facilltY• 12 Such additional infonnation as the City finds reasonably necessary with res ect to the placement or maintenance of the communications facilily that is the subject of the 12ennit application to review such permit application. d To the extent not otherwise prohibited by state or federal law, tlxe City shall have the power to prohibit or limitthe placemerit of new or additional communications facilities within a particular area of public rights -of --way and may consider, among other things and, without limitation, the sufficiency of space to accommodate all of the resent communications facilities and pending applications to place and maintain communications facilities in that area of the public ri ht way, the sufficiency of space to accommodate City announced plans for.public improvements or projects that the City determines are in the public interest (including without limitation M sm 17 Ordinance #2021- City initiatives), the impact on n traffic and taflxc safety, and the impact upoli. existing facilities in the rights -of -way. The City Manager or designee ma impose additional reasonable regulations and conditions on permits to enstue the loubtic health saf6ty and welfare of Ci residents and businesses is protected.. (e) Atl communications facilities shall be placed or maintained so as not to unreasonably interfere with the use of the public rights -of -way by the Ci and the ublic and with the right and safety of propgowners who adjoin an of the 2ubliq lights -of -way. The use of trenchless technology Ci.e., direodonal bore method) for the installation of facilities in the public rights -of - way as well as joint trenching or the joint -location of facilities in existing conduit is strongly encouraged and should be employed wherever feasible. To the extent not prohibited by federal and state law, the City shall require any registrant that does riot -have communications facilities in the City as of the date of adoption of this Article to place art new cables wires fiber optics, splice boxes and similar communications facilities under round unless such comrn.unications facilities can be cotlocated on existing vies. The City Manager may.promulgate. reasonable rules and regWations concerWn-g the placement or maintenance of communications facility in public rights - of -"a consistent with this Article and other applicable law.. All safet practices required b a licable law and all accepted, industr actices and standards shall be used dudmg the placement or maintenance of communications facilities. After the com le n of an placement or maintenance of a communications facility in public rig its-of-wilyor each phase of a ro'ect a re istrant shall at its own expense, restore the public rights -of -way to its original condition before such work. If the registrant. fails to make such restoration within thin 30 da s or such longer period of time as p be reasonably required under the circumstances following the completion of such placement or maintenance the City may perform restoration and charge the costs of the restoration against the registrant in accordance with Florida Statutes Section 337.402 as it may be amended. For twelve 12 months following the on iiYal com letion of the work the registrant shall guarantee its restoration work and shatl correct any restoration work that does not satisfy the requirements. of this Article at its own expense. This Section shall be adhered to in conjunction with subsection c 3 above. h .Removal or relocation at the direction of the Cijy of a registrant's communications facilit in public ri h s-of way shall be governed by the provisions of Florida Statutes Section 337.403 and 337.404, as they may be amended from time to time.. Subject to the aforementioned Florida Statutes Section 337.403 and 337.404 and other provisions of law, whenever existing overhead utility distribution facilities are converted to under •ound facilities pwSuFmt to Cha ters 12 27 and ,Article 405 of the City's Code of Ordinances, any registrant having communications facilities on poles that are to be removed shall arrange for the conversion to under round facilities on the same terms and conditions as the other utilities that are being converted to underground facilities; provided however this undergrouad conversion requirement shall be waived RWsuant to Flodda Statutes Section 337.401(7)(i) to _allow service f-om small wireless_ facilities, all of which_ are designed to operate with antennas above ground." i A permit fiom the. Qy constitutes authorization to undertake only ectlain activities in public rights -of -way in accordance with this Article and does not create a property ri ht or ant 18 Ordinance #2021- authoritytp_ig2,o uup_on the rights o_ f others_ who may have an interest in the public ri ht w (i) A registrant shall_ maintahl_its _communications facilities in public rights -of -way in a manner consistent with accepted induct-y practice and applicable law. c In connection with excavation in the Rublic rinhts-of-way, a registrant shall where Uplicable, comply with the underground facility damage prevention and safetyact set forth in Florida Statutes Cha ter 556 as it mU be amended from time to time. (i) Registrant shall use and exercise due caution, care and skill in- performing work, in the. public rights-of-wqy and shall take all reasonable steps to safeguard work site areas. Regig shall be liable to the City for the acts of re istianfs einplo, e�gents, invitees and independent cone actors in tlze:pub2c rights -of -way, including but not limited to any losses -damages, ink or costs incurred by the Cityaiisin out of or related to their negligence, misfeasance malfeasance or non-performance of any obligation of the registrant. iant. m Upon re -quest -of the Cit and as notified by the City of the other work construction installation or repairs referenced below, a registrant ma,be required to coordinate placement or maintenance activities_ under a permit with any other work, constriction, installation or repairs that mqy be occurrin or scheduled to occur within a reasonable timeframe in the subject ublic ri ts- of-way, and registrant may be required to reasonably alter its placement or maintenance scliedule as necessary so as to minimize disruptions and disturbance in the public rights-of-w&y. (n) A registrant shall not place or maintain its communications facilities so as to interfere with, impede, obstruct, displace, degrade, damage or destroy any facilities ofthe _C& or of anyjaerson Iawfully occupying the public rights -of -way, including without limitation sewers, gas mains, -water mains fire hydrants, storm drains, pipes, cables or conduits, emergency communications equipment, public safety equipment and smart City technology within_the__public rights-of-wak By wa of illustration and not limitation a re 'strant's facilities shall neither obstnict line -of -sight of law enforcement monitoring or surveillance. facilities in the -public rights uf--way nor obstruct line of sight of emergency radio communications facilities in the public rights -or -way: (o) The City makes no warranties or representations -regarding the fitness, suitabllxty_L_ or availability of the City's public_ rights —of —way, or of any authors utilily_pole, for the re 'sib conu'nunications facilities and any performance of work, costs incurred or services ,provided by registrant shall be at registrant's sole risk. Nothing in this Article shall affect the City's authority to add vacate modif abandon or otherwise dispose of public rights -of -way, and the Ci malces no warranties or representations regarding the availability of any added vacated modified or abandoned public ri his -of wa for co=urucations facilities. (n) The City shall have the right to make a such inspections of communications facilities placed or maintained in public rights -of -Way as it finds necessary_ to ensure compliance with this Article. Whenever practicable inspections shall be conducted by non -intrusive means. 19 Ordinance #2021- f q.j _ A_peiinit application to place a new or to modify an existing communications facility in public rights -of -way shaIl include nlans showing the location of the proposed installation of facilities in the public rights -of -way. If the plans so provided require revision Lased upon actual installation, the registrant_shall_promptly provide revised plans. The plans shall be in a hard copy format or an electronic formatspecified by the City, rovided such electronic format is maintained by the registrant. Such plans in a formal maintained.by the registrant shall be provided at no cost to the City. Upon completion of any riew or modified communications facilities, the registrant shall furnish to the Cily, at no cost to the Ci one cam lete set of sealed "as built" plans, or in the case of any underground co=unications facilities._a sealed_suryey showing the exact location of such communications facilities, including their depth; or in either case, such other documentation describing the location(including hei ht or depth, as the case may be of communications facilities as the City Manager, or designee, e, may approve. This requirement shall be in addition to, and not in lieu of, any filings the registrant is required to make under the Underground Facility Damage Prevention and Safety Act set forth in Florida Statutes Chapter5.56, as amended from time to time. The fact_ that such plans or survey is on file with the City shall in no way abrogate the duty of AU person to comply with the aforesaid Undu round Facility Damage Prevention and Safety Act when performing work in the public rights-o.f--way.__Any-Vroprietary confidential business infoi-'radon obtained from a registrant in connection with a permit application or a peimlit shall be held confidential by the City to the extent provided in Statutes Section 202.195, as amended from time to time. _. _ (r} Registrants are required to locate communications, facilities within rights -of -way in a manner _ that minimizes their impact in the City on or adjacent to historic properties. In this connection, Historic Preservation review fees are fees of general applicability L=elated to placement of facilities in the public rights -of -way and may be charged pursuant to Florida Statutes Section 202.24 2 c 6. The Ci reserves the fight to condition the Uant of an Mnnit to locate a communications facility within tlze. right-of__wEy upon the registrant taking such reasonable measures, consistent with the City's jurisdiction, as the City maw determine are, necessary to initiate the impact._ of the communications facility on a historic propert.__Installation_.of a communications. facility under this Article shall not interfere with a clear pedestrian path, at a minimum the width required by the Americans, with Disabilities Act and Florida Building code. (s) Whenever communications facilities inust he placed in a ri hg t-of way with residential uses on one or both sides, neither wireless support structures, Utility soles, equipment antennas nor Diller structures shall be placed_ directly in front of a residential structure. If a right- of-wgy has residential structures on only one side, the communications facilities shall be located on the opposite side of the right -of way, whenever possible. All corxl_nrur&ations facilities shall. be located such that views from residential _structui-es_are not unreasonably impaired. Newly installed utility poles and wireless support structures for communications facilities should be located iiloca.ted in areas with existing foaiage or other aesthetic features in order to obscure the view of the utility able or wireless_ support_ structure._ The requirements of this subparagraph shall not apply to repurposed structures when there is a one-to-one repurposing of an existingsture (e.g.: an existing light ole . (t) The City reserves the rightplace and maintain, and perinit to be placed or maintained, sewer, gas, water, electric storm drainage, communications smart City technology,and.other_typcs 20 Ordinance 92021- of facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that inay be deemed necessary or proper by the City in rights of -way occu ied by the re istrant and the City also :reserves the right to reserve any portion of the ublic rip-bts-of-way for its own present or future use pursuant to its capital iin rovement lans. The Ci further_ reserves without limitation the right to alter, change, ot to be changed, the grading, installation relocation or width of the public rigigs-of-way within the limits of the gty and within the limits as they may from time to time be altered. (u) A registrant shall Rgomptly, at the request of any person holding a permit issued by tlae City, temporarily raise or lower its communications facilities to pen -nit the work authorized by th� permit. The expense of such temporary raising or lowering of facilities_ shall be_paid by the person re uestina the same and there istrant shall have the authority to require such payment in advance. The registrant shall be given not less than thirty (30) das advance written notice to arrange for such temporary relocation. (v) Subject to any applicable limitations set out iii Section_ 835-60, the following additional requirements appiy when. a registrant seeks autbori to locate a wireless facility in the PILblic rights -of -way: 1 Registrants see -king to locate wireIess facilities within the City are encouraged to locate on private pLWerLy orgovernment-owned vioperty outside of the rights -of -way. An application for a permit to locate wireless communications facilities within the .rights --of way shall explain either why the registrant is unable to locate the proposed facilities on. private properly or government owned property or why the registrant is exempt from this regttu ement. The_. City may not deny an application based solely _on the fact that the registrant is proposigg.toplace a wireless telecommunications facilay in the rights -of -way. Registrants seeking to place, construct or modiN a wireless facility in the right-of-way shall: a. Jointly locate proposed wireless facilities with the wireless facilities of other wireless providers, as set out in Florida Statutes Section. 365.172, as amended, or b. Install their wireless facilities on existing sbuctares_w d-Lin_the right-of-Way,right-g-F-Way, includigg without limitation existing utility poles, in a stealth design -or G. repumose an existing. structure. (3) Registraizts seeking to cupsixuct wireless facilities within the rights of way shall locate then wireless facilities in the j ghts-of-way of arterial or collector roadways, whenever possible. An application far a_perinit ta_lace wireless facilities in rights -of way other than those of arterial or collector_ roadways shall 21 Ordinance 9.2021- either explain why the registrant is unable to locate the wireless facilities in the rights -of -way of an arterial or collector roadway (in which case the U12lication shall include an en ineering analysis from the registrant demonsti-atiLig to the satisfaction of the City engineer the need to locate the wireless facilities in the areas proposed in the application) or explain why Lhe proposed wireless_ fa_cilit_ies are exempt from the requirements of this subsection. (4). Stealth desip shall be utilized wherever possible uz order to minimize the visual impact of wireless facilities and associated utility poles and wireless soport structures. Each a lication fora Rermit to place a utility Dole, wireless support structure or a wireless facility in the right-of-way shall include: a. photographs clearly showing the nature and location of the site where each communications facili . is proposed to be located, b.. photo=raphs showing the location and condition of properties adjacent to the site of each proposed communications facilit C. _ a description of the stealth design techniques proRosed to minimize the visual impact of the communications facility- and shall include graphic depictions accurately representing the visual impact of the communications facility when viewed from the street and from adjacent properties. (5) (a) Stealth design of communications facilities Go be located on new utility poles or on wireless support structures in the ri is -of way shall eliminate the teed to locate any ground or elevated equipment other than antennas) on the exterior of a_utility pole or wireless support structure. Stealth design of coarimimications facilities to be located on existing structures -other thanwireless support structures shall minimize the need to locate any ground equipment or elevated equipment (other than antennas) on the exterior of the structure. The use of foliage and vegetation around any approved ground equipment may be required by the City based on conditions ofllie specific area where the ground equipment is to be located and in accordance with the City's LDC 307-10. The Iatldscaping must be maintained by the registrant. The City may require repIacement of the landscaping_ to ensure that the area is properly maintained. (b) Each application to locate equipment at ground level on or adjacent to the exterior of a utility pole or wireless support structure and each proposal to locate elevated equipment -(other than antennas) on or adjacent to the exterior of a wireless support structure or utility pole shall include en ineering documentation demonstrating to the satisfaction of the City engineer that the facility cannot employ. stealth- design._In order to avoid_ the clustering of multiple items of approved ground equipment or elevated equipment in a single area, only one equipment box may be located in any single location. 22 Ordinance #2021- C0 Where a registrant demonstrates that stealth _design cannot. be employed, the Uproved oxterior equipment boxes shall not exceed_28 cubic Feet in aggregate volume. 6 Stealth design of communications facilities to be located on structures in the rights -of -way shall (a) top mount antennas within enclosures . that do not extend the diameter of the suntaoiling structure at the level of antenna attachment and shall side mount antennas within enclosures that do not extend more than two (2) feet beyond the exterior dimensions of the suppoi tin& structure at the level. of antenna attaclunent. Under no circumstances shall antennas be mounted less than fifteen (15) feet above ground level. (7) Wireless facilities in the rights-of-way_m_ust be spaced a irdnimuum of 500 linear feet of right-of-way apart from each other except_ that no distance requirement shall apply to rgpurposed stmotw'es. This subsection may be waived Mon a factual showing, supported by swain testimony r matters _subject to official notice. demonstrating to the satisfaction of the City, as determined by staff for all historic properties_so designated prior to April. 1, 2017, depending upon which has jurisdiction, that locating, a specific wireless facility less than 500 feet from other wireless facilities: (1) better scarves the C ty's interests in safe aesthetic efficient and effective management of the public rights -of -way than application of the 500 feet limitation,• 2 is necessary to address a documented lack of coverage or cUacity for one or more carriers;7["VIl_or (3) will hello minimize the total number of wireless :facilities necessary to serge a Vartioular area.. (8) All construction. of wireless facilities in the public rights -of wa including associated towers, utility poles, rengMosed structure_ s and any other wireless support structures, shall meet the wind velocity standards for risk category TH and FV buildings and structures set out in Section 1620 of the 2017 Florida BWldiiag Code as amended. If construction of wireless facilities requires the replacement_ of City lighting located in the public rights-of-way,rights-of-w4y, ggy re lac:ement lighting shall employ Cit -a roved li kt einittin diode lights. The size and height of new wireless support structures.. and utility notes in the rights -of -)Ma shall be no greater than the maximum size and hci hg . t of any other utility or light poles located in the same -portion of the right-of-wqy within the City; provided however that registrants proposing wireless facilities with antennas to be located on existing poles, or repurposed structures may increase the overall height of the antenn s plus the existing pole or the repurposcd structure gp to ten C 10 feet if necessary, to avoid adversely affmtinp, existing pole attachments. All utilit oles in the Cily are twenty - five (25) feet in height. (9) Wireless facilities installed on utility poles -or ' wifeless suppoil structures that are not light t poles, and repMosed structures that were not on ig Wally lighi.pales, shall not be lit unless lightingis s required to comply with FAA requirements. 23 Ordinance #2021- 14 Registrants shall not place advertism on utility poles, wireless support structures or wireless facilities installed in the rights -of -way_, provided however, that repumosed structures that lawfully supported advertising before being repurposed may continue to. support advertising as otherwise permitted by law. 1I The Cit 's action on pWosals to place, construct or moth wireless communications facilities shall be subject to the standards and time frames""" set out in this ordinance, as modified to comply with Florida _Statutes Section 337.401;'ix Florida Statutes Section 365.172,1147 USC Section 1455 a ."t' and the a licable rules and policies"" issued by the FCC. as they may be amended or otherwise modified._ 835-60. Collocation of a_small wireless facility in public rights-of-wa f. In addition to the applicable revisions of this Article the following requirements shall Mly to proposals to collocate a small wireless facility in the -public _rights -of way: (a) As used in this Section 835-60 the following additional de -fined tetTns have the meanings stated: (l) "Applicable codes," when used with respect to a small. wireless facili shall mean uniform building, fire, electrical, plumbing_ or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address threats of destruction of property or injw- ersons or local codes or ordinances adopted to lml2lement the requirements of Florida Statutes Section 337,401(7) relating to the "Advanced Wireless Infrastructure Deployment Act." The term includes objective design standards adopted by ordinance that may require a new utili ole that replaces an existin utility _pole -to be substantially similar in design, material and color, or that may re uire reasonable spacing re uirements concerning the location of ound- mounted equipment. The teen includes objective desigg standards adopted by the City that may require a small wireless facility to meet reasonable location context color, stealth and concealment requirements; however, such desi standards may be waived by the City upon a showing that the design standards are not reasonably compatible for the particular location of a small_ _wireless facility or that the design standards impose an excessive expense. The waiver shall be granted or denied with 45 days after the date of the request.'"' For avoidance of doubt all existing local codes and ordinances applicable to a communications facili1y located in the public ri hts-of wa are re -adopted and confinned as gpplying to --any small wireless facility, to the full. extent_appplication of the existing local codes and ordinances to a small wireless facility is consistent with the rovisions of the local codes and ordinances and is not prohibited by Florida Statutes Section 337.401(7). In this connection, applicable_ codes include, without limitation, the followigg_provisions of this Article: Sections 835-20 tbrough 104- 5• Section 835-50 Subsections a b o l through c 4 c 5 but onlywith 24 Ord.filk oe #2021- respect to identifying all above -ground and below ground structures cuiTentlx existin in the public rights of way], (c)(6) through(c(12), (d) through (u), (y)(4) through L)(6), and (v)(8) thYOUgh (v)(11), and Sections 835-60 through 835-200. (2) "Applicant" incans a person who submits an application and is a wireless provider •xtiv (3) "Application" means a request submitted by an applicant to the City for a per-mit to collocate small wireless facilities.'ty (4) "Mutually -exclusive," when used with respect to two (2) or more ag2ligations, means that the gant of ❑ne a location will re uire dismissal or denial of the other applica. tion(s), when reviewed under the applicably codes.. (b) An applicant is not inquired to provide more information to obtain a pomit than is. necessary to demonstrate compliance with applicable codes for the placement_ of small wireless facilities in the locations identified in the application.Avi --- (c) The City inay not limit the placement of small wireless facilities -on _ gKspecific utility o_le or category of poles or require multiple antenna systems on a single utiliq pole.""' (d) The City may not limit the placement of small wireless facilities by minimum separation di.stances,'d"'` but may request that the proposed location of a small wireless facility be moved to another location 12ursuant to the 12rooedures set out in Florida Statutes Section 337.401 7 d 4, (e) The City shall limit the height of a small wireless facilfty to ten (10) feet above the utility ale or st -actme upon which the small wireless facility is to be collocated, Unless waived by the City, the height for a new utility pole is limited to the tallest exisling utility pole.(25 feet), as of the date of enactment of this ordinance located in the same right of way 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 City shall limit the height of the utility pole to thirty -fives 35 fee_t_Cmelud_ing all small cell technolo 'Jix (o Except as provided in subparagraphs (d) and (e), above, the installation_ of a utility-polein the public rights -of -way designed to support a small wireless facility shall be subject to City_ rules or regulations governing the placement -of utility holes in_ the.pjablic rights of way _ and shall be subject to the application review timeframes of Florida Statutes Section 337.401(7)1.. (g) A wireless infi-astructure provider _may apply to the City to place utility poles in the public rights-oL-way to support the collocation of small wireless facilities. The application must include an attestation that small wireless facilities will be collocated on the utility pole or structure and will be used by a wireless services provider to provide service within nine (9) months after the date the application is al3vroyed.1` (h) Registrants may be authorized to collocate small_ wireless facilities on City utility olp es in the public rights -of -way pursuant to this Article upon terms and conditions consistent with the 25 Ordinance #2021- requirements of Florida Statutes Section 337.401(7). Make-ready work performed with respect to agy such collocation shall conform to the following requirements: (1) For _a. -City utility pole that supports an aerial facility used to provide communications services or electric service, registrant shall comply with the process for make-ready work under 47 U.S.C. Section 224_ and -implementing iTcgulations. The C i t y shall not be responsible for any make-ready work costs. The good -faith estimate of the person owning r controllina the pole fad• any make-ready work necessary to __enable the -pole to support the requested collocation must include a repurpased structure, if necessgU.t" 2 For a Cily utility pole that does not suRiport an aerial facility used to Rrovide communications services or electric service, the City shall provide a good faith estimate for any make- ready work necessary to enable the pole to support the requested collocation, including any necessary repuMosed structure,.witlun sixty (60) days after receipt of a complete application. Make-ready work, including construction of any repurposed structure, must be completed by gRplicant within sixty (60) days after written acceptance of the good faith estimate by the applicant. Alternatively, the City may require the applicant seeking to collocate a szr►aU wireless facility to provide a make-ready estimate at the applicant's expense for the work necessary to support the small wireless facility, including a repurposed structure, and perform the make-ready work."" (3) The City may not require more make-ready work than is required to meet applicable codes and industry _standards.._ Fees for make-ready work ma not include costs related to preexisting'�damage or prior noncompliance. pees for make-ready work, including the cost of M repuposed structure, may not exceed actual casts or the amount charged to communications services providers other than wireless services providers for similar work and may not include any+ consultant fee or Mense.''v (i) however, this reservation of space shall be implemented so as not preclude collocation of a small wireless facility. If replacement of a. City utility goae is necessary to accommodate the collocation of the small wireless facility and the future.public_safety use, the,pole replacement is subject.to make-ready -provisions and the replaced pole shall accommodate the future public safety use.tvi 6) Registrants collocating small wireless facilities on Cily utility poles shall be responsible for all costs ofplacing, maintaining and operating those small wireless facilities, including without limitation, costs of electrical power for those facilities. In this comiection registrants are cautioned that unauthorized use of City facilities and resources, including without limitation cl_Wric power, is the#-, a crimepu6shable under Florida Statutes Section 812.014 and that any such criminal activity will disqualif a i istrant from lacin or maintainingfacilities in the ublic ri hts-of way. 26 Ordinance 021- (k) Registrants are further cautioned that tang erin with -emcrgelicy or public sgLely communications equipment, or interfering with emergencyemLrgengy or public Safety communications is a serious criminal offense that would_ .disqualify a registrant horn placing or mmaintaininiz facilities in the public ri its ofwa ."' Prior to a registrant or its em to ees a ents or inde endent contractors perfbiming any work on. a Qy utility ole supporting a gover=ental authority's emergencyemugency or public -safety communications equipment, the registrant shall a})ply for and obtain a_ security clearance from the Cie 's police department for each person-perforn-dLig person-performingthe work on that Cft utility pole. Registrants shall kee accurate records idea ' in the date time location axed identit of personnel accessing facilities collocated an any City ufflity pole.. Registrants shall maintain the records to be ke t pursuant to this subsection fora 2eriod of at least four ears and shall make the records available to the City for ins ection and copying r�ona tl upon request. (1) A structure for which a pennit is issued and installed pursuant to this Section 935-60 shall comply with Florida Statutes Chapter 333 and federal regulations pertaining to airport airspace protections. (m) The City shall act on each application m' a mariner consistent with the procedures and standards set out in Florida Statutes Section 337.401(7). (n) A permit issued to an applicant_ shall expire in one year unless extended by the City., (a) At no time shall a registrant hold unconstructed pennits or incomplete work for more than thirty_(30) small wireless facilities or for more than thirty (30) utility poles for the collocation of small wireless facilities -at -any one time. An application will not be accepted (or if inadvertently accepted will be dismissed) if Ugat of the proffered a lication together ether with gralit of all other pending applications of the applicant, would cause the applicant to exceed this limit on unconstructed permits or incomplete work. (p) Applications shall be processed and ,ranted (or dismissed or denied) on a first -come, first served basis. If mutually exclusive applications are filed with the City, the first -filed grantable application shall be granted and the remaining rnutuaLy exclusive application(s) shall be dismissed. Sec. 835-70. Stop Work Order and Suspension of permits. 1) The Chy Manager mgy cause an immediate stop work order to be issued where an pet-mitted or unpeinnitted construction or other work in the public rights -of way poses a serious tlu-eat to the health, safety, or welfare of the public of City property until such serious threat has been abated. Failure to comply with such order may subject a registrant, and its agents, employees, and contractors as applicable to, appropriate enforcement remedies and prosecution as set forth-in_this Ordinance and applicable law, Any Berson who _actively _Continues any work after having been served with a stop work order, exce t such workas that person is directed b the City_ to perform to remove a violation or unsafe condition, shall be subject to Renalties, as provided under the City Code. 27 Ordinance #2021- The City may suspend a permit f r work in the public rights—of—wayrights-of-wgy for que or more of the fallowing reasons: ( I) _ Violation of any peindt conditions including conditions set forth in the pemiit, this Article or other applicable City ordinances, codes or regulations gave ng_pla�cement or maintengnce of communications facilities inpublicrights-of way; (2) Misrepresentation or fraud by registrant in a registration or permit application. to the City, (3) Failure tg properly renew or ineffectiveness of registration; or (4) Failure to relocate or remove facilities as may be lawfully required by the Cijy. The City Manager shall provide notice and an opportunity to clue any violation of_(b)(1) tluou h (b)(4) above, each of which shall be reasonable under the circumstances. — Sec. 835-80. Appeals. Any Person up-rieyed by any action or decision of the City Manager, or designee with regard to 4ay aspect of registration under this Article mgy appeW to the special magistrate appointed pursuant to Section 2-1 of the City's Code of Ordinances by filing with the special magistrate, within 30 days after receipt a written decision of the City Manager, or designee, anotice ofUpeal, which shall set forth concisely the action or decision a ealed from and the reasons or -ounds far the appeal. No requests for extension of time for tiling an Upeal will. be permitted. The _only appeals that shall be considered are those appeals that allege that there is error .ill an order, rder, requirement, decision, or detem-dnation made by an administrative official in the enforcement of this Article. The special magistrate shall set such appeal for hearing on the very next available date following such notice of appeal and cause notice to be given to the appellant and the City Manager, or designee shall resent the case on behalf of the Cif . The special magistrate shall hear and consider all facts material, to the appeal and redder a decision within twenty (20) calendar days o f the dale of the hearing. The special magistrate ray aff=, reverse or modify the action or decision appealed from, provided,_howev�r. _that the special magistrate shall not take any action which conflicts with or nullifies any of the provisions of_tivs_Article._-Any person aTreved by any decision of the special magistrate on an appeal shall be entitled to apply to the state court for a review thereof by Petition .for Writ of Certiorari in accordance with the applicable court_rules, See. 835-90. Inyoluntayy termination of registration. (a) The City may terminate a registration if: (1) .A federal or state authority suspends, denies, revokes or otherwise fails to grant a registrant any certific4on or license required to provide communications services; 23 O.rd.inance #2021- (2) The registrant's placement or maintenance of a communications facility in the public ri hts-of--wa resents an extraordinary danger to the eneral public or other users of the public ri hts-of-wa y and the registrant fails to remedy the danger promptly after receipt of written notice; (3) The registrant violates Florida Statutes Section 843.025,_as amended; (4) The i_egistrautviolates Florida Statutes Section 843.165, as amended; (5) The 1,gistrant violates Title 18 United States Code Section 1362, as amended; (6) The registrant violates Flojda Statutes Section 812.014,_asamended-, (7) The abandonment by the registrant of all of its communications facilities in public rights -of -way and noncompliance with Section 104-16 hereof' or (8) The registrant conm-nits substantial_ and material violations of any provision of applicable codes, including without limitation guy provisions of this Article; (9) .failure to supply information required by this Article, and more specifically, failure to disclose providers as re aired under Section 104-4 c 8 hereof. (b). Prior to termination, the registrant shall be notified by the City Manager, or designee, with a written notice setting torth al] matters peilffient to the progosed termination action including tha applicable reason, and- describing the proposed action of the City with respect to it. Except in the case of failure to remedy an extraordinar dap er within the time required by the CLty j2ursuant to this Article, the r4strant stall have thirty (30) days -after receipt_ of such notice within which to address or eliminate the reason or within which to present a plan, satisfactory -to the City Manager to-accoMI21ish the same. If the plan is rejected the City Manager shall provide written notice of such rejection to the registrant and shall make a recommendation to the Mayor and City Commission regarding a decision as to termination of registration. The City Manager, or designee, shall provide notice to registrant of any resolution or other action to be taken up at any meeting of the Mayor and City Commission and registrant shall be granted the oppotttutity to be heard at such meeting. A decision by the City to terminatea registration mU only be accomplished, ia�_action of the Mayor and City Compassion. A registrant shall be notified by written notice of any decision by the Mayor and City Commission to terminate its registration. Such written notice shall be sent to the registrant within seven (7) days of the decision. — (c) In the event of termination, the farmer registrant shall;__(1) notify the CiiY of the assumption or anticipated assumption by another re istrant of ownership of the registrant's. communications facilities inpublic ri hts-of wa • or 2provide the City with an acceptable plan for disposition of its communications facilities in public rights -of way and restoration of the _rights-of-way_to their original condition, ordinary wear wid tear excepted. If a registrant fails to comply with this 29 Ordinance #2021 subsection e), which determination of noncompliance is subject to appeal as -provided in Section 835-90 above, there istrant's communications facilities are deemed to be abandoned and the Cit mpy exercise any remedies or rights it has at law or in eq_uily as well as the City's_remedies under this Article, including but not limited to, utilizing or allowing other persons to utilize the registrant's facilities. The obligations of the registrant shall survive the termination of a 1'eaistration. A registrant that has its registration ten inated by the City. tinder this Article may y'ea 1 for re isttation one I year after the termination date _of the prior registration, unless otherwise stated in the order terminating its registration, to this connection the Ci °s order terminating registration may ban a former registrant fi_omreapplying for registration if its registration was terminated for dishonesty, criminality, gross incompetence or at1 similar imilar reason which in the context of an FCC licensing proceeding, would result in denial of an application on character grounds, d In any event a terminated re istrant shall tape such steps as are necessary to render safe eyM—portion of the communications facilities remaining,ipublic rights-of-way_ofthe City. e In the event of termination of a registration, this Section does not authorize the Cily to cause the removal of communications facilities used to provide -another service for which the registrant or another person who owns or exercises physical control overthe facilities_ holds a valid certification or license with the governing federal or state a enc if required for rovision of such service, and is registered with the City, if required. Sec. 835-100. Existing communications facilities in public rights -of -way. 1 person with an existing commumications facifiN in the publig rights—of—wayriglits-of-wLiy of the City has sixty (60) days from the effective date ofthi5 Article to comply with the terms of this Article, including, but not limited to, registration, or be in violation of it, provided, however, that no new permits shall be issued to unregistered persons with communications facilities within the public rights -of - way, and provided fig-ther that a communications services. pravic_ier, wireless _infrastructure provider or pass -through rovider that is otherwise lawfully occupying the ublic ri hts-of-wa of the OW shall not be required to obtain consent to continue its existing, lawful occupation of those public fights -of -way, Nothing ,in this Section shall be interpreted to limit the power of the City_to adopt or enforce reasonable rules and regulations pursuant to Florida Statutes Section 337.401.';' Sec .835-110, Insurance.IX (a) A registrant shall provide, pay for and maintain satisfactory to the City_ the types of insurance described_ in this Article. All insuuance shall be issued by. responsible companies dui authorized to do business in the State of Florida and having a rating reasonably acceptable to the Cily. All liabiliLy policies shall provide that the QLty is named as an additional insured as to the activities ,alder_ this Article. The required coverages must be evidenced by pro2erly executed certificates of insurance forms. The certificates must be si ned by the authorized re resentative of the insurance company and shall be filed and maintained with the Cit annually. Thilt30 da s' advance written notice by registered, certified or regular mail or facsimile as determined by the 30 Ordinance #2021- City must be ven to the Cily of any cancellation intent not to renew or reduction In the policy covera es. The insurance re uirements mAy be satisfied by evidence of self-insurance or other types of insurance acceptable to the City, as provided in subsection(d), below. bl The limits of coverage of insurance required shall be not less than the following: (1) Workers' Compensation and employer's liability insurance. Workers' Cant ensation—lilorida statutory requirements. 2 Comprehensive eneral liability. Bodily ipjury and property damage: $3,000000.00 combined single limit each occurrence, (3) Automobile liability. Bodily injury and property damage: $3,000.000.00 combined single limit each accident.. c Umbrella or excess liability. Registrant may satisfy the mfi imurn limits required above For either conunercial general liability, business auto liability, and employer's liability coverage under umbrella or excess liability. The umbrella or excess liability shall have an aggregate limit not less. than the highest "each .occurrence" limit for comm.ercial general liability, business auto_ liability. or employer's liability. The City shall be specifically named or endozsed as an "additional insured" on the umbrella or excess liability, unless the certificate of insurance states the umbrella or excess liabili provides coverage un a "fallow -form" basis. - - (d) Self-insurance. A registrant may satisfy the insurance requirements and conditions of this section, utilizing a self-insurance plan, if acceptable to the City, in its sole discretion based on the Cit 's evaluation of the registrant's financial condition and its abidly to comply with the Ci Code. Registrant agrees to notify the City andindicate on the certificates of insurance when self- insurance is relied upon or when a self insured retention meets or exceeds $ l 00,000.00. The fiV reserves the right, but not the obligation, to request and review a copy of the registrant's most recent annual report or audited financial statement whichthe registrant a ees to fin-nish for the ose of determining —the re 'strant's financial capacity to self- insure. Sec. 835-120. Indemnification and Coop eration.1X' () A registrant shall, at its sale cost and expense, indemnify, hold harmless, a_nd_defend the City, its officials boards members a ents and -employees, against any and all claims suits causes of action, prgceed_i_n_gs, judgments for damages quitable relief, and casts and expenses inew- e,d by the City arising out of the Wacemgnt or maintenance of registrant's communications facilities in public rights -of way, regardless of whether the actor omission complained of is authorized, allowed or prohibited by this Article, provided, however, that a regis_trant's obligation shall not extend to gny claims caused by the negligence, ploss ne li enee or wanton or willful acts of the City. This provision includes, but is not limited to, the Cit 'sy reasonable attomas' fees incurred in defending against env such claim, suit or proceedings. The City a reeS tonotiiy the reg strant,in writing, within a reasonable time of the City receiving notice of any issue it determines ma require indemnification, Nothing in this Section shall prohibit the City from participating in the defense of any litigation by its own counsel and at its own_ cost. If in the City's reasonable belief there exists or rn4y exist_a conflict, potential conflict or appearance of a_ conflict, the_ registrant shall afford the City choice of counsel or, a_lteinati ely, bay for the City to engage counsel for defense, to the extent not inconsistent with applicable law. Nothing contained in this Section shall 31 Ord buince #2021- be construed or interpreted: (1,) as denying to either party any remedy or defense available to such ender the laws of the State of Florida; or 2 as consent by the.City to be sued or 3 as a waiver of sovereip-il immunity beyond_ the waiver .p oyided in Florida Statutes Section 768.28, as. it may be amended from time to time.. (b) Upon request of the City Manager or designee, a registrant shall cooperate with the City in any investigation of a_ claim or potential claim against the City or the regist,'ant arising out of or related to registrant's activities in the public rights of way, including without limitation registrant's placement or maintenance of a communications facili .. A registrant shall supply information requested_ lay the City in a prompt manner, 48 hours ifpossible. Registrant's duty to cooperate with such a Cijy investigation includes if requested. rovidf Lig, the identity of any third. -panty_ beneficiary of registrant°s communications facilities located in the public rights - of -way and providing information on insurance coverage potentially available from each such third -pally beneficiary. (e) The indemnification and cooperation requirements of this section shall survive and be in effect after the temination or cm.cellation of a registration _...., _........_ Sec. 83--,-130. Coustructi(m Bonds,16 (a). Construction Bond. prior to iss.uing_a permit where the work under the permit will require restoration of piLblic ri lots -of wa . The Cily shall require a construction bond to secure prope perl~onnanceunder the requirements_ of anypennits and the restoration of the public rights -of -way. Twelve months after the completion of the restoration in public rights -of -way in accordance with the bond the registrant may eliminate the bond. However, the City i-nU_aubsNuently require a new bond for any .Li w.ciwnt work in the public rights -of -way. The construction bond shall be issued by_a surety having a rating reasonably acceptable to the City, shall be subject to the approval of the Ci 's risk mono er and shall provide that: "For twelve 12 inonihs after issuance of this bond, this bond may not be -canceled, or -allowed to lapse, until sixty (60) days after receipt by the City, by certified mail, return receipt requested, of a written notice :from. the issuer of the bond of intent to cancel or not to renew., (h) The rights reserved by the City with respect to any construction bond established_pursuai�t to this Section are in addition to all other rights and remedies the City may have under this Article, or at law or equity. (c) The rights reserved to the City under this Section arc_ in addition to all other rights of the - Cif, whether reserved in this Article,y or authorized b other law, acid no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the City may have. d Either a surety bond or standby letter of credit acre table to the City attorney as to form and. Bnancial condition of the issuer, securing. the. obligations. of the applicant to remove the wireless__support structure, tower, accessory buildings and equipment [Cross-reference with subsection 835-220(u), for towers, and section 835-50(c)(9) and 835-70, and 835-160 relating 32 Ordinance #2.021- to utility polesl. The bond or letter of credit shall be payable to the City and shall provide to the City funds equal to the lesser of fifty -thousand dollars ($50,000.00) or one hundred fifiy._(150) percent of the estimated cost of dismantling and disposing of the facilities., as.evidenced by a certif sate of a professional enizineer licensed in the State of Florida, or other evidence reasonably satisfactory to the City Manager. Each such bond or letter of credit shall be maintained in force for the term of ww lease with the City, or for a nummum of fifteen (15)years and thereafter for additional periods designated by the City Manager if the wireless support structure remains in lace at the end of the on inal fifteen -year term. The security shall be payable to the Qy if the applicant is in default of its obligation _to._dismantle the wircicss support. structure and funds shall be used to pay the cost of dismantling and disposing of the facilities. See. 835-140. Enforcement remedies. La) .A registrant's failure to comply with 2rovisions of this Article shall constitute a violation of this Article and shall sub ect the registrant to the code enforcement provisions -and procedures as provided in Chapter 2 of the City's Code of Ordinances, including the provisions of Chapter 2 that allow the Ci to seek relief as otherwise provided by law.ix"' (b) Failure of the City to enforce any requirements of thus Article shall not constitute a waiver of the Qy's right to enforce that requirement for a violation or subsequent violations of the same tune or to seek appropriate enforcement remedies. Sec. 835-150. Abandonment of a communications facility.x14 (a) registrants shall comply with the provisions of Subsections 835-50f(c)(9) and (10), relating o_abandoned _equinment and the addition of equipment. Fw1her, upon abandortment of a communications facility owned by a registrant in public rights -of way, the registrant shall notify the City, in writing, within ninety (90) days. This written notification shall (1) identify each item of abandoned e ui ment Q identify the location or in the case of removed c ui went the former location) of each item of abandoned equipment in a format required for inclusion in the City's GIs database and Q) state with respect to each item of abandoned equitamentwhether It has been removed from the .public_ rights -of -way._ The level of detail in the written notification shall be sufficient to enable the City to maintain an accurate GIS database with respect to the identity and location or former. location of each item of equipment abandoned in or removed from the public rights o-f waway. Note, a utility pole placed in the public rights -of -way by a wireless infrastivcture provider will not be considered abandoned pursuant to this Section (i) during themine-month peizod following the approval of the request for a permit to locate the utility pole in the public rights -of -way or H) during gqyperiod a wireless services provider isusing a small wireless_ facility collocated on the pole to mvide wireless service."`' (b) The City shall direct the registrant by written notice to remove all or any portion of such abandoned facility at the registrant's sole expense if the City determines that the abandoned facility's presence interferes with the public health, safety or welfare which shall include, but shall not be Iimited to, a determination that such facility(1) compromises safety at any time for any 33 Ordinance #2021- ublic rights-of-wayrights-of-wgy user or during construction or maintenance in public rights -of -way; 2 revcnts another person fi•om locating facilities in the area of public rights -of -way where the abandoned facility is located when other alternative locations are not reasonably available; or Q) creates a maintenance condition that is disruptive to the ublic ri hts-of-wa 's use. in the event the provisions of subsection b 2 above being appikable, the City ma require the other Rerson to coordinate with the registrant that owns the existigg facili for 'oint removal and l2lacement, where agreed to by the registrant.. (c) In the event that the City _ does not direct the removal of the abandoned_ facility, the registrant, by its notice of abandonment to the City, shall be deemed to consent to the alteration or removal of all or an -portion of the facility by the Li or another person at such other erson's cost. d If the re istrant fails to remove all or any poiLion of an abandoned facility as directed b the City within a reasonable time period, not to exceed sixty 6-Q) d-gys, as may be required by tde City under the circumstances the Cily may erform such removal and charge the cost of the removal amainst the registrant and utilize any bond required pursuant to Section 835-130. Sec. 835-100- Force ma'eure. txYi In the event a re 'straut's performance of or compliance with any of theprovisions of this Article is prevented by_a_cause or event_ not within. the registrant's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be unposed as a result, rovided however, that such re istrwit uses all 2ELcticable means to expeditiously cure or correct any such inability to perform or comply For_gmposes of this Article causes or events not within a registrant's control. shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes firespandemics, and other natural disasters acts of public enemies jots or civil disturbances, sabotage, strikes_ and restraints imposed by order of a governmental agency or court. Causes or events within registrant's control, and thus not falling within this Section, shall include, without limitation registrant's financial inability to -perform or comply, economic hardship, and misfeasance ;malfeasance or nonfeasance by of registrant's directors, officers, employees contractorSr.a tints. See. 835-170. Reservation of ri hts and remedies. (a) The ] r�res_er'ves the right to amend this Article as it shall_ find necessary in the lawful. exercise of its police powers. (b) This Articleshallbe applicable to all communications facilities placed in the public rights of --way on or after the e6ectiye date of this Article, (c) The adoption of this Article is not intended to affect any rim or defenses of the City or a communications service provider under any existin franchise license or other agreements with a communications services provider, 34 Ordinance 42021- d Nothing iti this Article shall affect the remedies the City or the registrant has available under applicable law. e Any person who uses the communications facilities of a registrant, other than the rejaistrant that owns the facilities, shall not be entitled to any rights., to puce or maintain such facilities in excess ofthe -rights of the registrant that places or maintains the facilities, — - Sec. 835-180. Establishment of the rate of the communications services flax, (a) For the fiscaIyear of the City commencing on October 1, 2022, and endigg on September 30 2023 the City establishes the rate of the communications services tax as the base rate of 5.10 percent est4blished by Florida Statutes Sections 202.19 and 202.20plus 0.40 percent as peimitted by Section 13 of Chapter 2001-140 of the Laws of Florida plus 0.12 percent, as peimitted by Florida Statutes Section 337,401 for a total of 5.62 percent. (b) On and aftez- October 1, 2022, the City establishes the rate of the communications services tax as the base rate of 5.10 pergent established by Florida Statutes Section 202.20plus 0.12 percent, as ei-mitted by Florida Statutes Section 337.401 for a total of 5.22 percent. c The Ci instructs the Florida Department of Revenue to collect the communications services tax at the rates set forth in Subsections a and b of this Section. Sec. 835.190. Compensation for Use of Ri is -of wa .1%va (a)- A -registrant -that places or maintains communications facilities, ui h y poles, or wireless support structures in the public rip_hts_of way_ that provides communications services, as defined in Florida Statutes Section_ 202.11, within the City skull comply with communications services tax re lations as required by state anal other applicable [aw. If a registrant does not remit communications services taxes in accordance with ]Florida Statutes Section. 202.11, then a registrant must remit fees to the City in accordance with subsections (b) and (c) below. (b)_-A--registrant who places or maintains in the public rights-of_wa_y_any communications facility other than a small wireless facility on an authority utility pole), utility pole,w reIe_ss support structures cable fiber optic or other pat_hwU shall pay to the City annually no less than, $500_.00 per linear mile, or pot-tion of a inile, up to the maximum amount allowed under Florida Statutes Section 337.401 whichever is greater, to the extent that Section 337.401 is applicable, as follows: (1) Annual pates shall be due and payable on April I" of each year. Fees not _paid within ten (10) days after the due date shall bear interest at the rate of one 1percent, per month from the date due until paid. The acce tance of an apyz eni required by the -Lit t shall not be construed as an acImowled.gement -that 35 Ordinance #2021- the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the City may- have for additional sums clue and payable. All fee payments shall be subject to audit by the City, and assessment or refund if any payment is found to be in error. If such audit results in an assessment by and an additional payment to the C jU,_such additional p ymen shall be subject to interest at the rate of one (1) percent, per month until the date payment is made; and (2) If the payments required by this Section are not made within ninety .(Q _days after- the due date._ the City may withhold the issuance of any permits to the registrant until the amount past due is paid in full. (c) Except to the extent prohibited_ by Expplicable law:(1) any fee payments made pursuant to this Section shall not be deemed to be a tax; (2) any fee payments shall be in addition to any and all taxes of a_ general gplicability, and (3) a registrant shall not have or make any clairn for any deduction or other credit of all or any part of the arno_unt of the fee payments from or against an of the City taxes or other fees or charges of general applicability which registrant is required to pay to the City,. except as required by law. (d) The fee specified in this section is the minimum consideration for use of the public rights -of - way, including all public easements, for the pMose of installing and maintaining a communications facility, utility gole or wireless support structure. Sec. 835-200. Reports and records. Upon reasonable re uest a registrant shall provide at its cost the following documents to the: City as received or filed: (a) Any -pleadings, j2ditions, notices, and documents, which may directly impact the obligations of registrant or City under this Article_ and which are reasonably necessary for the City to protect its interests under this Article;-- - -- — (b) Any request for protection under bankruptcy laws, pi: _any pudgglent related to a declaration of bankruptcy: an (c) A, copy ofupdated maps depicting the locations and descriptions_ of all of the registrant" facilities in the public ii leg ts-of-wgy by longitude and latitude, Such maps shall be provided in a digitized format in compliance with the Cii 's GIS _standards, at the registrant's expense. See.835 30 Applieabilit� All new +.�, ers „mod �ed�i ie, in the -GAY shy • d aa' -i °r +i,,.,,ug (r_)]. below: 3G Ordinance 42.021- 1 �,., .,1„+,,.�� s4,.,11 not apply to .. to ef, el4nstel � . n+a„m.,thatN2+ is F ,• ji- E1~1', . e rr antenna, Measurements for .-5�381Irrc�c-mccr , .,•s.l F:•..�,, _+1� �c3 E .. . GeBeFill FOqmireMeHt§. T7,r . +alp, ,,,,,,,,,,,; i; ,Y +,,,,,, aaterma, &ii l ,�i�'-51k he f"l�vnvvrr , ,. 1:+..6�KurBy The City may -eq ,", .�---rexmg no i�taeagreement w+r - 0}@6BI2tkIl , the dedim4ien 4space en theand ifApfeveffients shall be Regel-4--ted e-fief to -evieetAion of the �iiit&)'t3C� lease. h.,..- 1�stallatio,,..of r, +f,,,.a,-7 ., „+a.,,,,, complies 61, do-IK12.1opmentregulations, the dimensions of the W.- (D) Faei- antenna shall include a review ., f the ram;+,.+n invefAoty ef-exis+;,,.. +z,:ice, antennas r,n .,ppre .a.1 "it$8 she o the; „+..,-.. .911011 ,.,Me HU440H -ah out the ,1+0, «. ,+;,,a lae��-- �i}L}Jy,• S and an explano4ion Me • A4 —J the inventory sites are nol appropriate. The q4le Gity fnfl�y share the ;,,fr,«.,,.,I-o ,.,+l,a,. n,wyy]�:. r�zw c�-•i�ilc i#.: e1BeS _, 9t , .,+ .,. .•.sffeSeM th x "1 A=11g. , irequired, L, mus y_yyylpy i aof snio n1 a ,-1in�� 'jj4 l7 � fTLlliU rs ar_r,-1 r, _ *�I.r,t., ., ;nhrr, in 11 ,•,u avnrl iur� ithe`a +a „r 11ai„r,.. iQTT x witheti 7 I1 on of the tower wil"l-a#achments. 37 Ord iimicc #2021- L4Taand 1�E (f_5€) h ni n+n+,in,yf .! „E1$13i I FY @ }$L"„h;,-.h -Q+.,+ag- that the eLzjjj,9tfU6tj$jj af1d L' $fi-ef the-4e1 ,,..m...q;,. ufle"i s, �-�1fi pub44e safety epti ,.1; . +..1 y...isiesimilar-er- 'gerviees, as well as other , el nn., n . e -en8i�9$i}1�43i- �kB„ My useof the . - n;Iit or-n;+L_,r S-1 I�� -equifofnefftsi CI .•n .sh ,l1 a:+1, maintain311 or-, i. allowed by — A standards, shall be pain (2) The def3ipof �$ 1�+t.d t.,,ni,,,nnnl,,il�t�,+heWfte„+ OSSi�lz �z v a a s (-3) if an ante isinstalled an ar supporting n1 nn+.•ieal muA A.,-' n elj,j _ gjfft ; neiitfal, i ev Rtible as deteffniiied b�L-the Qt7 passible. (G) No signals, artificial lights pefmitteaon aqy tewei: or- mitenna lightin 1'e 3�1, 1 rI—en „wise the least .T; jr,..-1vtiaivo ,'Ile t 7 .. assi je; .lighting 1zn11 ented away [r3 $ aoperation,mairAet+anee e4 3e-jeeil � SH l;n..a limitef ta., this Devc ice ' k9iit .1=i #9i -E13 repair- shall be pefb�f�ed tin * fliffitfier- ls�tefit with high —144ualle industry standEffds. ]� i!1—L'O'TiVl' FA A and- dhe FCC, including emission standatd-s- T. am an Ft 44�f A huilding permit h„the Qt; , Wthe n+ ,,d ,•dn n„dfegWatiahaeged5 a 'C' �t1 in—(3r� uv i�t�c-c F a lean the fn..;1;+;asefe n 4 efed -G rider- -th nppiite regulation. The n diMfent se i x e i da ed in^�foderA- she anay' ^^�1r g tmlye +n an nM+a,,,nnn into n ,.1; , with the r i,n�l`�d s and regulations shall n+;fi,+e grounds f., .,1 .-.+•th W 38 Ordinance 92021- Aiance-with the applicable dpindpirdn +,.,,, u� iAblished-b --surds Ass (j) Tlaa tower must comply ..;+u 11 shall �- r- , yR-z,y.pon .+.;cep theoAmer of the tower.atower1•... n7+,k;r-ty (30) days meo a,,..,.ln..f , nl of tl•,.� tewer gr at the (K) To a L m the stat 4twa4-k4r1_s ._cad+ni.:a. i+. n o+a+er..a..+ shall be submitted, e �-by Try e d .engmeer licensed t pr-aa+; r. t11,01 +dv }�y�+n��,a,,..na�pli r;tl•. all „1;aal.ly 1,,.;1,d;,,a L7`ZTQi .i1.R 1 ri73'G7'� �iQITS•TIaaTZVY 1II �T7'jp; ly�JyilL7lii+117�{,['yE5 4��`l�L�IIiili Gi�L1QIZ An `shall r-� r1 /y a}�l elud„ g +laa_�,�tvf ltar nss r� types of antennas it eani-�i`47r_ n1.Ltc,,,,a.,�, aL„7r-Ins,#a,wswaa a++anheA in nt"rry c �ct1G � nl,,.dn aa-t:f:antien +ha+ the n+,, et,. aa.Y" e4oad 5 ffH y yy� fiprd mfi•.,,-., +4,a tower e antenna. All « a. 4..wers5 a44 13c'c`r,. +�i,xwc'r pacity to y�la users; at n min' �n< Trcrrr-a-rn � �E{'- D4Y�''.`"'1-,n11. b,a nd�1a ton a doe Tltw (2) 4.ase s 4L3�d at •�3F,L L7 R rvs-r'C1nt+ine er gwfe �� '•Cr�,.l31n { (M Accessery b,,;d.d:+,gs o struetuTe-she 144-buiiz`d'n' desig •a „tan du do as late d in 9iiiling-E� 11di islul uilding MIL I . , r i MIZ (r1�)For PlifPoses ef m ffien,+4, to wev sQtba4r_n. and sepaFatien firntn shall. 1-.e in the City ifr-espeetive lilqe05- lollf-tz% be r ,.,.l,ate d .,..en+94ed-a&-os&epAie4-ser-viees; public „+;1,+;es o .,,ta „+.l,+;a9•, (Q) 0—w-fla. }-ai y law4of 41,- _,all AWA+oE f a • rnlon9 +ada� T17Lg^''the y Ilav '+--be-isth the city. � 3 � iWHOM. 0 • i. 4�,-­ --A %edges"; a measured f:rep the finished .tfad"'4a, shall be requ4ed 39 Ordinance #2021- twEmn [-the4mw-ems a ' der etl» (2) Land �e�e�te�rti the requn weft.S ,).. h,�.. ,� 2-75, s1,.,l, be iefie the penn ew of a . +moo ., wall. n ,l ere-c�tl ops-ef es. The Gity may re m-ot&i"� vE r13 [ i.�i jF- .,..-'Etcj-aeeR ednorsesid4�1 be ie9ta4led on the E)utgide of ;g e . RM " wa+ning signs shall be r. ided as -cIN" FM - - =7I'lip.1 MIN (4) The ti the eolit4�er�'t of: he ��rn����a • =cc�vc-anriCCILLiB-�89�&��� �T' l ia1��T1 �sl r a l tel.s...,,-.,+.-,,, iieatie tower owner .r" k ... El : �� F•+he +io „ f use A tower- hall 1, @i'u�.v�-=�v�rrrririailiv �-{�s-�?xv-vasau �1�e 00 ideved- abandoned ;f , has been d-i-s-c-on Oie r-eqUiFOI 9f tilis par-agF"h. tion towers being utilized foT other See. 835 50. Zonwlkg , mig t and setback requirements, etc. fTewer-S and .n�?pK _�17 [Telee nunieation towers and antennas shall e �$�e iied�T-1 sl el- $ 3$FFi F $-4 ••,a, .,1.�A by +he City (re&..re +,. , f-`<+t.. pmf*A-3r)-,p -ided ,r lieef,ae ,,,.lease a„+h.,.-:-, ngthe e in this 40 Ordin"cc ##202 ] - FAt314�► iek-&-self uppom" lattice a nf 1 Monopole towers and ante nas and guyed o sL4 suppe+t4a++;,,a +Gwei- ��ar,pennittedthe--fE4.OVq d 4 B. i as ypoeial ., ,AAq..,� 7 Stealth towers er sie fit. , s speeial e c H-a-wing-�ei� ■ r � r ice■■ t� ry: e. r�� r ` � -• w rt .......... .�l! C ptho,.. m leh.aF,+ej?,q fs ;*-an RM, PM 1 , � ^gi pfn1F1C (o) The supporting equipment fer such antennas must be leeated on. the feeft, mi e eel , } e Vttjtltvdte the an s hire e cIVA- ce !!! (a) Stfoh .,.itef..,.,n ..,,a the eqq�` #F i-�tfi3 &ik-4 i�7 t ii3g-t 9�i$��9• (D) �r ; arQ# MMU� a }e ewers hi s 41 Ordinance #2421- 2it I unBusiness. L nu LYl B... (5)- 46) Industrial General. (6)_ (I OM) (Iv -OM n) r tfial- r' avfsrw i nenaaral, Offi.r ftd ;ter .- - AlplpfoaohPint,.; 4 (R) f8etboe&, hei&. im-gind. --.tennaEk- must meet the following- setbmk- 4md height. (i)_ _To,,.al.height shall 1, 0 1. �I I- r4a iA �+ (2) 8 l$fi wers shall nl.. ..i�IT-ck-sCtbaca1s-establi.4hed fo • +1,e dis+r r.i- 0) dings and othe'. n+..l...t.11.as i„ be I....ata.d e Prat') as,� .,f r.,•, with the selbaeks j y, fail- "I--- -& ess pro'iF'Ydedfefe*.sexl"'here i�ft -s nSPLS'Q[py h'V7 G.ity innir,e, Fnay all Tt ♦„ iintir<1-l� r>, +�iti_�LzI MAIL _-(or�}_ ,.-_e_r. rrlo na.• , ,-. i- l3FHi,.Fl Fi4,-n height vr1-141n .7 "1 -"-rvl.. , ' ZTr-SIITr�.7ti+ST ration tower ownefs shalt submit- -- +, the F.�y iyy,�F.�� qj tile fA1.1rwil4g !�OS_T�'J�lc �Fl uuLV (a) Manepele towel!s an 141 .. (2) years. �'JC9#1-5�3by an engineer- lieoiisedtop�Faeke in the StakH3f-F 4—he building emcial z f b that +1,e ,f ,.i.,ral ] I �} � c-i�cr.�vir-co-v B'aFiv�ci'=d�K� rrid4 (i) AffAPziias may be pin ed on ;s+:.,g t,. erIq :fl, ,.fl;..ient- on -a . 1; approval by the Building Division.lPle-eapa all be-eei4ified by .-eensed tol)faetioe in -the 9 I-Phw1a: 42 Ord i»ancc 42421- v b+—+titve�r+ie-47pcaae t e--tlt'J� v "viral 83zi `vv=ri'i ��irii l lirii�-standard,� �'�E_' -t sue- eetiaF, lacement must be appfeved by the City commission. o e e�ti ar-a �x-i ig, -W; OF iiiB 1A, z11 +,1." Ye68d£H^ve e�,e, +1,a . n+ , ,+i$n$f new single a +.,,,.�� a •e , y ears nnfa_a.si,ai,s cs i_n,� +y,a i sln,• towers. vcrck.�ar�r. rsvTi c-oirzn�.�z-+=rer -rr tower, r41 A djjjtjAqPjjiAf4AV;ZRAfietrreqUeSied in , . itilig by tole City (B) Each application for an antenna shall inelude a eeilified written evaluation, prepared by a (1) No existing towers of stfuetufes ave located within the geegrapMe ma a to Mee + v-�v- th 11 @lit (2) Existing towey noisraTmifff1 on .b,eit.72+ to e-e-rallpl, r� i + e 4 inter-fetence 3 as detemined by the FCC, with the antenna on the existing towers or ~•�� er#teel a en theexiFstk.rg "Lowers e3- issible rfe�� r� rr a r,it'S---a�e� -'-h.. r ..., . ..... ... e- re -ate• istiqg ai4 amigtiftg tower o structure for sH ,areurffeasonable.newerg aeeor�x�drap�i�a�t's-�e�-S- 43 Ordinance 42021- { .,s+,.,,el a towerer- „a.,.,,,., 9. hem leargi�on existiRg authorized towers, An applioaat and an ovmef-, or op of ., f ;Fit;,,,, ,,,,ta,,,fk; ea +,,, eir sha41exefeise go.,i & ;+i, in n 1.... t4ag th +;aa Goodififfkh shall �tmprepl et 'eohmieal �i applicant, er opevat% of an existing flao4 in (D) Applications submitted by tenants seeWng to co locate on a preemisfing tower, -or to space on n e tower, shall 1 '&^� &.,S F_ i1 ,,;,j +ko f'n o /( e-woffiefE tower appr-ovedfin! shared use shall provide a�witfe—n. netice of collocation, by certified mail, retnm reeeipt reque.5ted, -of the location of !he �owevv and arc lead erapaeft Pffider-s �fi8H3fits of this Seetien may result in the denial vxrscm �r a of the (A) Pfief te �he issuanee ef a building pefmit, a site development plan shEd! be pmented-figi , ymVA9mVe-fit lightse whieh are- amulate existing stxuctur-es already on the site. Where a request is made to use a pre existing stfuettife, including wvd ewe p h-faoili4�,tkte4aoilft d ire �P '�� all r-en,, , e (B) A statemerA shail be submitted m4th the application, prepared by a professional registered �l..ensed + practice i the a+ate of rl..... , a thfough� k}- Bode, E7 Asseei tion elo...,,,,,,.,,iiie,+;.,,,a industry Ass 4ie stan.iafd fee , e5sfibes .Eta x�i i le �a�i—tom 11 to em-op-p-d- As loading oapasity,Fe- „a„„„,,,, a++aeh-ed i„, exisfing ar" iettireq, [he st efnent Ai,.,ll inehide stmi r•••� *CiITC I •11,•i.""�esad-4tl�CC�7i17-' � baba_- I-- nn.Yao-ity to nn.p� 44 Ordinance #2021- WWk-VIe n+ U sf•a•a _. EL }LCJ ts-.&.kCtt1 ��ii�Q $; �� O pele Fi fl txytn red,t, to i, 1l l,a able to areemmodale at 0a8�-135�i5 1„aad , a+k ,}eeliellilexceptions and vaFkaleetlia d e-} l n s� +_,;.. +l,a +v,., r_ v:*� 1 1 �e r+ +1na .,,.,,p -=, -'fwl MAP T'., la mig d�.npfopolsed any aa ,,y 42l A Btu ieof the proposed tower, ti-'T r i xv�uc-cra. rcT �J.1�Et1ns._t,i.�.,e.z l tower s.+a meets. +1 I1. a from ,• s..Ia.,t T1,. ad lands, the approximatio-disitanse between the pmpolsed tower- and the neafes4 residential 34�$ l#i E3t3f 1�@il es.-Itawe.- Eke does not raelet y +locations and identifications of the idential ei-iies is () AA5 , (6) The metli .£-ef-knl iP-14-1i-04- Oil if applielable, the .v a 1. + ' rrRm- 3 See 935.a L'ififie1s. The appr-oval by the City of di-ng -plem,:t for a tale i i$kiF3 9i i3�vz` �iii-t z.,. a nager of the f i l..., ing y fieffieve 44io accessory buildings and r� ,,;,.ei autl oa` 0(�8-boad oi- lettef of or -edit mhalt-b y{iEFb,a.-Hy and shall , 1 C�1 �Boa, 000.019) n„ n 11,,,,�7 e fed fliwmv -"�i }t'o l{ r-,.f'.+ ,�,� d,-$,tr � 44FiS6f�by ef lf'J ef'Y?1otidaa a -iiWly&fl-ni, 4 ,,, t,. or letter of•.. did shallinein#-ained , -r e rfof) the te�ffi ., f y le _ i .z+,,. FT 11-r-;. aAr F ,. , .4Al ; o�ierin .inn: Y.,a+a,7 by 45 Ordinance #2021- The see- +., Gty_i h� d�� n4o dii'S1-Fi tta the e dfundshall-ba used4-e- - e Best disraiffit4i.-.-, and4spasm of f ,,;Mes lv r,o.- 4d-be tower -an ,�,� _to +. .,: t -S7►T r-d-wne-�-= nn_�i_ s ail%d , .,s�t� ,laa 4+,, tower in ae- p �cl d i a p a se� Sec. 835-210 Wireless support structure; a licabilx . All new towers or antennas and modifications to existing towers and antennas in the Cily shall be subject to these regulations, except as prodded for in paragiraphs (A)„through Q, below: a These regulations shall not a 1 to any tower, or installation of any antenna associated with a tower, that is for the use of an open video broadcast-qnIX facility, or is owned and operated by a federallyli_censed amateur radio station operator, or is used exclusively for receive -only antennas. b Preexistinja towers and preexisting associated antennas shall not be required to meet the re uirernents of these re ulations except to comply with the req uirements of the noziconforming provisions of the Cif r LDC. (} An AM. array consisting of one (1) or more tower_ units and supporting gerund system which functions as one AM broadcasting antenna shall be considered one l tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array, Additional tower units may be added within the Rerimeter of the .AM airgy by ri ht, Sec. 835-220. - General requirements for towers on private Property. Every new tower and associated anterina,.and modifications_ to existing towers and antennas, shall be subject to the following minimum standards; a Towers and antennas may be considered either a principal or an accesso use. A different existing use of an existing sw cture on the same lot shall not preclude the installation of a tower or antemia on the same fat. b The City ma re lure as a condition of entering into a lease agKeement with a telecommunication provider, o�`space. on the faeilzt�public health and safe ores as well as propeLty improvement on the leased space. Any dedications and improvements shall be negotiated prior to execution of the lease. (pj For purposes of determining whether the installation of a tower or antenna complies with 7.onipg district develo ment regulations, as contained in the LDC the dimensions of the entire Iot shall control even thou h the towers or antennas are nronosed to be located on leased poiligns of -parcels within such lot. 46 Ordinance #2021- (dj Each a lication for a tower or antenna shall include a review of the Ci 's inventory of existing towers, antennas and appro'vedsites. All -requests for locations other than a site on the inventory- shall include specific information about the alternative location, height and _des gn_ of the proposed tower, or antenna and an calanation regarding why the inventoxy sites are not @ppropriate. The information is a public record. The City ma share the information with other applicants. The City does not wwTant or represent that the information is accurate, or that sites on the inventory are available or suitable. {e�_ -Alf applicants for new towers and antennas, or for towers and antennas which are to be modified or reconstructed to accommodate additional antennas, or for which a variance is required,, must -present a certified report by a pmfessi,onal„engineer licensed to practice in the State of Florida, which shall include the following: 1 A site development plan which includes without limitation a hoto digitization of the tower with all attachments. (2) An analysis of the impacts on adjacent prgperty sites. Q) Specifics of design. I4A narrative discussing the t3Te of tower and antenng, unTeent wind_laadin capacity and a ro'ection of wind loading cMacily using different lypes of towers and antennas as models. (5) A statement of noninterference, which states that the construction and operation of the tower, including reception and transmission functions will not interfere with public safe1y communication or with the visual and customar transmission or reception of radio, television, or similar services, as well as other wireless services enjoyed by adjacent properties. (G) If the_ -applicant proposes to not use a facility or site on the City's inventory, an explanation of the technological reasons Khy the use of the facility or site is unfeasible. (t) Towers and antennas shall meet the following appearance requirements: ] Towers shall either _ maintain a galvanized steel finish or, if allowed by FAA standards, shall be painted a neutral color to reduce visual obtrusiveness. 2 The design of accessory buildings and related structures shall to the extent possible, use materials, colors., textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize visual impact. 3) If an antenna is installed on a stracture other than a tower. the antenna and supporting electrical and mechanical equipment. must be_of.a color that is neutral, identical to, -or compatible with the color of the supporting structure, as detemined by the Citv, to make the antenna and related eauioment as visually unobtrusive as possible, 01 The antenna or tower must be of a stealth design. Rather than a lattice type tower, the City recommends and encourages the use of pole technology to disg u:sethhe tower as a flagpole. - 47 Ordinmice #2021- �g No signals, artificial fights or illumination shall be permitted on any tower or antenna unless required by the FAA or other al2plicable authorily. if lighting is required, the liahtina . alternatives and design chosen must cause the least disturbance to the surrounding views.. To the maximum extent possible, lighting shall be oriented away from residential districts. (]h) The construction,_ operation, maintenance and repair of towers and antennas are subject to the regulatory supervision of the City, and shall be performed in compliance with all laws and practices affecting the subject, including, but not limited to, the City's L,DC, the Florida Bbuilding-eCode and all safety codes. The construction, operation and repair shall be_perfoitned. in a manner consistent with high applicable industry standards. All towers and antennas must meet or exceed current standards and re lations of the FAA and the FCC, including emission standards. They must meet the requirements of all federal, state and local -government agencies with the authority to reglilate towers and antennas prior to issuance of a building ennit by the Ci1y. If te standards and re lations are -changed, then the owners of the towers and antennas governed by this Article shall bring the facilities into compliance with the revised standards and regulations within six (6) month^s of their_ effective date, unless the facilities are gran fathered under the applicable regulation. 'The compliance_ date may be waived by the City Manager if a different compliance schedule is mandated by the controlling federal, state and local agency. Failure to bring towers and antennas into corn liance with the revised standards and regulations shall constitute grounds for removal of the tower, antenna, or both at the owner's expense. - - - - (i}_ -The owner shall additionally maintain a tower in compliance with the applicable standards for towers that are published by the Electronics hidustries Association. The tower must comply with all applicable re Wremen s in the Florida BLOding Code and industry construction standards. If, upon inspection, the City concludes that a tower fails to comply with the Florida Building Code, industry construction standards,_ and constitutes a danger to persons or property, then upon noti:�_o-wner of the tower shall have thirty (30)days_to_bring the tower into compliance Failure to bring_the tower into compliance within thirty (30) days from receipt of notice shall constitute Uounds for removal of the tower or antenna at the owner's expense. --- — (k) To ensure the structural inte.gr iy of towers, a statement shall be submitted, prepared by a professional registered engineer licensed to practice in the State of Florida, which, through en -sneering _analysis, certifies that tower complies with all applicable building requirements __in_applicable building codes and with applicable industry construction standards. The statement shall describe the tower's capacity, includingnumber and types of antennas it can accommodate. For all towers and antennas_ attached to existing structures, the statement_ shall include certification that the structure can support the load superimposed from the tower or antenna. All new towers shall have the capacity to accept znuttiple users, at a mininaurn, monopole towers shall be able to accommodate two (2 users. (1) Telecommunic,ation_ towers shall comply with current radio frequency emissions standards of the FCC. 1E8 Ordinance #2021- in Accessory buildings or structures shWI meet all building dMig n standards as listed in the Florida Building Code and shall be constricted in accordance with the provisions of the Florida Building Code, All accessory buildings or structures shall require a building permit issued by the City's wilding Division. (n) Mobile or immobile equipment not used in direct suRport of a tower or an alltenna facility shall not be stored or parked on the site of the tower, unless repairs to the tower are being made. - (o). - For purposes_of measurement, tower setbacks and separation distalxces shallbe calculated and applied to facilities located in the CL irrespective of municipal boundary Iines. (p) Towers and antennas shall be regulated and permitted pursuant to this Article and shall not be regWated or permitted as essential services, public utilities or private utilities. (o) No signs, includirig co=iercial advertising or logo and uolitical sins, flyers, flags or banners shall be allowed on any_naA of a tower or antenna. (r) All towers shall .meet the following buffering requirements: (1) An eight -foot fence or wall constricted _in accordance with Article 235, "Walls, fences and hedges", as measured from the finished grade ofthe site, shall be required around the base of any tower and may be required around any accessory building or structures. (2) Landscaping, consistent with the requirements of Article 275 and 307-10, shall be installed around the entire perimeter of any fence or wall. Additional landscaping z qm be required around the perimeter of a fence or wall and around any or all anchors or supports if deemed necessary to buffer adj ace nt_properties.- The City may require landseaping in excess of the requirements of the City Code in order to enhance compatibilily with adjacent residential and nonresidential land uses. L11 dsca in shall be installed on the outside ofthe perimeter. fence. or wall. The landscaping must be maintained. The City may require replacement of the landscaping to erasure that the area is properly maintained. (3) Lwidscaping consistent with perimeter and on -site requirements in Article 275 and Section 307-10.-shall be installed around any accessory buildings or structures. (s) "High voltage" and "No Trespassing" warning signs shall be provided as follows. (1) If high voltage is necessary for the operation of the-toweror any accessory structures, "HIGH VOLTAGE —DANGER" warning sigwall be permanently attached to the fence or wall and shall -be spaced no more than forty (40) feet apart. (2) "NO TRESPASSING" warning signs shall- be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart. (3) The letters for the "HIGH VOLTAGE —DANGER" and "NO TRESPASSING" warning. suns shall be at least six (6) inches in height. The two (2) wfuT in signs may be, combined into one (11-sign. The warning signs shall be installed at least five (5) feet above the finished grade of the fence. 49 Ordinance ##2021- (4)_ The warning signs may be attached to freestanding poles if the content of the signs is not obstructed by landscaping, (t) All abandoned or miused tower facilities shall be removed by the tower owner or operator within ninety (90) days of the cessation of use. A tower shall be considered abandoned if its use has been discontinued for one hinidred eighty (190) consecutive days. The City inqy require reasonable security to secure cam liance with the requirements of this paragra h. Sec. 835-230. - Zoning districts, height and setback requirements for towers, etc. (a) Towers and antennas on Ci4y property, -Towers and antennas shall be permitted on property owned, leased or otherwise controlled by the City (referred to as City property), provided a license or lease authorizing the antenna or tower has. been approved by_tbL City, Height and setback requirements shall be those that are provided in any lease agreed to by the City. The City shall have no obligation to execute a lease even if the applicant can meet all criteria contained in this Article. Towers on City_property_do not require a_public hearing. (b) monopole or serif suport/iattice e_guipmew. Monopole towers_ and _antennas .fmonopole towers are preferred by the Cityl and guyed or self-support/lattice towers shall be permitted as a special exception, in the following zoning districts: (1) (IROM), (IROM-AA) Industrial Research, Office and Marine District and Industrial Research, Office and Marine Airport Approach District (2) (IROC) Industrial Research, Office and Commercial District. (c) Stealth equipment as special exceptions. Stealth towers or stealth rooftop and building mounted antennas shall be allowed as special exceptions in the following districts: (1) (C-4) General Commercial District. (2) (C-3) General Business District. (3) (C-2) Commercial Business District, (4) (CC) City Center District. 5 SFED-MU South Federal Highway Mixed -Use District. (6) (EDBB-MU} East Dania Beach Boulevard Mixed-iJse District. (7) (IRO) Industrial Research Office District. (8) (IROM). (IROM-AA.) Industrial Research, Office and Marine District and industrial Research, OME-e and Marine Aglott Approach District (9) (IROC) Industrial research, Office and Commercial District. (10) (IR) Restricted Industrial District. (t 1L) aG) Industrial General District. 50 Ordinance #2021- (12) Up to eight (8) stealth rooftop or building -mounted antennas from one 1provider shall 'be allowed as special exceptions in the RNI. RM-1 and .R. M multifamily zoning districts, subject to the following additional conditions: (a) Such antennas shall be located at least five hundred (500) feet frorr�.L-1,_RS,. M and NBHD-RES zoning districts. (b) Such antennas shall not be located closer_ than one thousand_{1,000) feet to any other _such -antennas in an RM,-RM-_1_�and ISM-2_multifamil _z+ zo_nin district. (c) The supporting equipment for such antennas must be located on the rooftop, must be enclosed in an equipment shelter painted to blend in with the rooftop, and must not extend more than nine 0 feet above the roofline. (d) Such antennas _may y be placed_ on_those _structures _at least sixty (60) feet or six (6) stories in height and with rooftops measuring at least five thousand (5;000) sguare feet in area. (e) Such antennas and the related equipment shall meet all applicable building and safety codes. — d) Stealth grayed towers, antennas. Stealth guyed towers and antennas shall be permitted as a special exception only in the following zoning, districts: - - 1 C-4 Community Business, (2) (C-3) General Business, 3 IRO Industrial Research Office. (4)4) (1Ri Restricted Industrial. (5) (IG) Industrial General. b IROM OM -AA Industrial Research Office and Marive District and hidustrial Research, Office and Marine Airport. Approach Duct (e) Setbacks, height. Towers and antennas must -meet —the follojmj setback and height reguirerrents: 1 Tower height shall be measured hom the crown of the road of the nearest street. 2 Telecommunication towers shall confonn with the setbacks established for the district except when more restrictive requirements are contained within this Section. (3) Towers shall not be permitted within two hundred fifty (250) feet of any residential district. - - (4) All buildings and other structures to be located on the same property as a tower shall conform with the setbacks established for the zoning distiict. (5) Unless provided for elsewhere in this Article, the City Commission_ tray. allow a maximum height of ninety (90) feet for a single user, up to one hundred_twenty t 2�0, .feet for two (2) users and uR to one hundred fifty (150) feet for three (3) or more users. (fa Tower Irtspectiorrs. 51 Ordinance #2021- (1)Tower owners shall_submit_a report to the City Building Division certi • ing structm-al and electrical integrity on the followinpschedule: fa), Monopole towers once a year. (b) Self-support/lattice towers every year. (c) Freestanding and guyed towers once every two (2)years. (2) Inspections shall be conducted by an engineer licensed to practice in the State of Florida, The results of inspections shall be provided_ to the City Building Division. The City's Building_ Official may require repair or removal of a tower based upon the results of an inspection, The cost of utilizing the Ci 's contract engineer 265.00 er hour, as may chance from time to time] shall be passed on to the tower owner or registrant. (3_) The City_Buildng Division rnbay conduct periodic inspections of towers to ensure structural and electrical integrity=The , owner of the tower may be required by the City to have more frequent inspections should there be reason to believe that the structural and electrical -integrity of the tower in jeopardized. E'xistirag towers. (1) Antennas may be placed on existing towers with sufficient loading capacity after approval by the Cily Building Division. The cLt2acitv shall be certified by an engine licensed to practice in the State of Florida. (2) Towers in existence as of October 1,_ 1996, may .be replaced with a tower of equal or less visual, impact after approval by the City Manager. However, if the proposed new tower would not be consistent with the minimum standards under this Section reRlacement must be approved b, r�ity. Co Muni scion.. Sec. 835-240. - Shared use of communication towers; rollocat.ioll 41f antennas (a) —Co-location of telecommunication antennas by more than one (1) provider on existing new, or modified towers shall tape precedence over the construction of new single -use towers. Accardingly, each a lication for a tower shall include a certified written evaluation, prepared by a_ professional_engincerlicensed to practice in the State of Florida, of the feasibility of sharing a tower, if a tower is located within five (5) miles of the proposed site, which examines the following: (1) Structural capacity of the tower or towers. (2) Radio fi-equency interfercuce. (3) Geographical service_ area requirements. (4) Mechanical or electrical compatibility. (5L Ability_to_locate equipment on the tower or towers. (6) Availability of towers for relocation. (7) Any restriGtions_or limitations of the FCC that would preclude the shared use of the tower. 52 Ord uiance #2021- (8) Additional information requested in writing by the City. b Each application for antennas shall include a certified wfitten evaluation to aced by a rofessional en L cer licensed to pracfice in the State of Florida of the feasibility of co - locating its antenna on an existing to er. Evidence submitted to demonstrate that no existin tower can accommodate the proposed antenna may consist of any of the following,: (1) No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements. 2Existing towers or structures are not of sufficient height to meet applicant's enineerin requirements. (3) Existing towers or structures do not have sufficient structural sirengh to support olicant's proposed antenna and related eguinmenL. 4 The applicant's proposed antenna would cause impermissible electroma >aetic interference, as determined by the FCC, with the antenna on the existing towers or str=ttares or the antenna on the existing towers or structures would cause impermissible interference as determined by the FCC with the applicant's proposed antenna. 5 The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are uiffeasonable. Costs exceeding new tower development are presumed unreasonable. (6) Property owners or owners of existing towers or structures are unwilling to accommodate the applicant's needs. 7 The Applicant demomtrates that there are other limiting factors that render existin towers and structures unsuitable. (c) _All, applicants shall demonstrate reasonable efforts in developing a collocation alternative for a pipXosed new tower or antenna. Ana licant for a it to construct a tower or antea shall cooperate with other service 12rov. ers in collocating additional antennas on existing authorized towers. An applic;_ant and an owner, or operator, of an existing authorized tower shall exercise ood faith in co -locating the facilities. Good faith shall include sharing nonproprietary technical information to evaluate the feasibility of collocation. In the event a dispute arises whether an applicant, or an owner or operator of an existing tower facility has exercised good faith in acconunodating other facilities the City may re wire a technical stud by a third -party at the expense. of either or both of the parties to the proposed collocation. (d) Applications submitted by tenants seeping to co -locate on a preexisting tower. or to rent space an_a,proposed tower, shall receive an expedited review process by the City. Such review shall be completed thid 30 days following the filing of a completed application. e The owner ofan tower approved for shared use shall provide a written notice ofcollocation by cerkif ed mail, retwm receipt requested, of the location of the tower and the load capacity of the tower to all other providers of telecommunication services in Broward CoupFlorida. Failure to comply with the collocation requirements of this Section pjay result in the denial of a Vermit request or revocation of an existiilg permit for the specific tower. 53 Ordinance 42021- (g)-- -Applicants seeking to co -locate antennas shall not pU rent to the owner or operator of the tower in excess of the fair market value for the space, as detetn-iined at the time of execution of an agreement See. 835-250, — Applications for towers. _ a Prior to the issuance of a building ermit a site development plan shall be presented for approval to the Commwu Development Department, Each application fora proposed tower shall include all requirements for site development plan a royal as required in Article 635. The director Of Community Development may -waive all or some of these provisions for stealth towers which are deli ed to emulate existing structures already on the site. Where a request is .made to use a pre-existing structure, including li hg t and power poles, as a stealth facility, the facilily and all modifications.,shall comply with all requirements as provided in this Article unless waived by the Ci . b A statement shall be submitted with the application re aced by a professional re istered engineer licensed to practice ica floe .State of Florida, which, throughengineering-anal certifies compliance of the tower with -applicable building requirements of the building code and any applicable industry standards, including, but not limited to Electronic Industry Association/Telecommunications Industry Association standard for wind load-, and describes the tower capacity_, including_ an example of the number and ttM of antennas it can accommodate. No tower _shall be permitted to exceed its loading capacity. For all wireless towers aad.autennas attached to existing structures,_ the statement shall include certification that the structure can support the su erim osed load. All towers shall have the c4pac:lfy to accept multiple users,• at a minimum monopole towers shall be able to accommodate two 2 users, (c) The following supplemental information shall be included with all applications for special exceptions and variances: (1) A scaled site -plan clearly indicating the tower site, tape and height of the proposed tower , the location of the accessory building, on -site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access distances Flom gropeLly lines elevation drawings of the praposed tower, and any other proposed structures. (2) A current zoging or aerial photograph showing the location of the tower. (3) A legal description of the parent tract and tower site (if applicalale (4) If the proposed tower site meets the required minimum distance from residentially zoned lands the approximate distance between the proposed tower- and the nearest residential dwelling and residentially zoned properties. If the,prODosed tower site does not meet the minimum distance requirements, then exact distance_a, locations and identifications of the residential properties shall be shown on an updated zoning map, 5 A landscape plan showing specific landsca a materials. b The method of fencing, finished color if applicable, the method of aesthetic nuti ation and illumination. (7)The use offoliagand vegetation around any approved around equipment may be re uired by the Clbased on conditions of the specific area where the 54 Ordinance #2021- ground equipment is to be located and in accordance with the Ci 's Landscaping Re ulatious found at Article 275 and Section 307-10. d The Ci shall act promptly on any application submitted in accordance with the provisions of sections 835-10 to 835-40. The reasons for rejecting any ap2lication filed under this Section do not prevent a person from filing_an application for a special exception_ in accordance with applicable law. - (e) Fees for tower placement and useincluding antenna_ installation., will be determined by a separate resolution. Public land and right-of4gy lease agreements will be established -by separate instruments. �g) Towers and antennas shall_ comply with the following provisions of the Code: Sections 835-110 through 835-130, 835-150 throe gh 835 180 and 835-10. Sec. 835-260. - Security, access casements, removal of towers. The approval by the City of building pen -nit for a tower shall be conditioned upon recei t b the City Manager of the folIowin An easement gjanted by the fee owner of the laud under the tower, and between the tower and the nearest pubic right-of-way; in favor_ of the City, to provide access to the tower site. -- Written Permission fiom all record owners beneficial owners and leaseholders of the tower in a fort acceptable to the Q4y attorney to enter upon the site and to remove and dispose of the tower.. Sec. 835-270. - Reserved. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. SECTION 7. NOTIFICATION OF SECRETARY OF STATE, Pursuant to the requirements of Florida Statutes Section 337.401, the City has provided the Secretary of State, (a) at least 15 days prior to consideration on first reading, notice of this ordinance governing a telecommunications company placing or maintaining telecommunications facilities or communications services providers in its roads or rights -of -way. Failure to do so does not invalidate the City's Ordinance. SECTION 8. REPEALER. . That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. 55 Ordinance #2021- SECTION 9. SEVERASIL.ITY That if any section, clause, sentence or phrase of this Ordinance is for any .reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. SECTION It, EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. ' The City's challenge in adopting an ordinance governing telecommunications use of its rights - of -way is reconciling its general legislative power under both Article VIU, Section 2 of the Constitution of the State of Florida and Florida Statutes Section 166.021 with numerous, sometimes conflicting, statutes, administrative rules and regulatory pronouncements addressing the process of approving the location and construction of telecommunication facilities. The City's task is further complicated by (a) the inconsistent meanings used in definitions of terms used in common by the various statutes, rules and pronouncements and (b) the inconsistent deadlines for adnvnistrative action created by the various statutes and rules, which are further complicated by inconsistent methods of counting days in the calculation of deadlines. To a lau'ge extent these problems are addressed in this ordinance by reliance, wherever possible, on the provisions of Florida Statutes Section 337.401, "Use of right-of-way for utilities subject to regulation; permit; fees. 1' Florida. Statutes Section 202.24 largely prevents municipalities from receiving the compensation for use of public rights -of -way granted under Florida Statutes Section 337.401, by prohibiting municipalities from "levying on or collecting from dealers or purchasers of communications services any tax, charge, fee, or other imposition on or with respect to the provision or purchase of communications services." This prohibition encompasses "any amount or in -kind payment of propefy or services which is required by ordinance or agreement to be paid or fiunished to a public body by or through a dealer of communications services in its capacity as a dealer of communications services." Prohibited charges include any sales tax, subscriber charge, franchise fee, user fee, privilege fee, occupancy fee, rental fee, license fee, pole fee, tower fee, base -station fee, security fund or other tax or fee measured by amounts charged or received for services or intended as compensation for the use of public roads or rights -of -way, for the right to conduct business or for other purposes. Notable exceptions to the restrictions of Florida Statutes Section 202.24 include (a) local communications services taxes levied under Chapter 202 of the Florida Statutes, (b) ad valorem taxes levied under Chapter 200 of the Florida Statutes, (c) business taxes levied under Chapter 205 of the Florida Statutes, (d) 911 service charges levied under Chapter 365 of the Florida Statutes, (e) rental fees for use of property which is not located in the public rights -of -way, (f) permit fees of general applicability which are not related to placing or maintaining facilities in or on public roads or rights -of -way and (g) utility service fees or other similar user fees for utility services. "' ,See Florida Statutes Section 337.401(7)(d)4, i" See Florida Statutes Section 337.401(7)(d)5. 56 Ordinance ##2021- " See Florida Statutes Section 33 7.401(7)(b)1. 1i See Florida Statutes Section 337.401(7)(b)2. "" See Florida Statutes Section 337.401(7)(b)5. See Florida Statutes Section 337.401(7)(b)6. i* This definition is taken from Florida Statutes Section 337.401(7)(b)7. It contrasts with the definition of collocation used in Florida Statutes Section 365.172(3)(f), which was the basis of the previous definition in the ordinance. x See Florida Statutes Section 337.401(6)(a)2. x' Cf Iniplementation of,Section 224 of the ,act, 25 FCC Rcd. 11864, 11943, n.37 (2010) ("Make- ready" is any rearrangement of equipment and attachments in order to make room on either as existing pole or a new, different pole for a new attacher.) "" See Florida Statutes Section 337,401(7)(b)9. x;;' See Florida Statutes Section 337.401((6)(a)l . xxu Each FCC licensee is obligated to maintain control over its stations. See 47 U.S.C. Section 310(d), which provides, in pertinent part, that "No construction permit or station license, or any rights thereunder, shall be transferred, assigned or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any corporation holding such permit or license, to any person except upon application to the Commission and upon finding by the Commission that the public interest, convenience and necessity will be served thereby," XY See Florida Statutes Section 3 3 7.40 1 (7) (b) 10, xY; See Florida Statutes Section 365.172(bb); and 47 C.F.R. Section 1.4001(b)(9). Xv;; See Florida Statutes Sections 337.401(7)(b)11 and 337.401(7)(b)17. '"'See Florida Statutes Section 337,401(7)(b)12. N1x See Florida Statutes Section 337.401(7)(b)13. x" See Florida S tatutes Section 337.401(7)(b)14. "See Florida Statutes Section 337.401(7)(b)15. See Florida ,Statutes Section 337.401(7)(b)16. See Florida Statutes Section 337.401(7)(b)17. 57 Ordinance #2021- 7°"' The City has legislative authority to require each provider of communications services that places or seeks to place facilities in its roads or rights -of way to register with the City. See Florida Statutes Section 337.401(3)(a). '°`° The limitations of Section 337.401(7)(c) are incorporated into Section 104-6(b) of this Ordinance. " Registration does not establish a right to place or maintain, or priority for the placement or maintenance of, a communications facility in the public roads or rights -of -way, See Florida Statutes Section 337.401(3)(b). "" `'" Florida Statutes Section 337.401(3)(a) states, in pertinent part, "In addition to other reasonable rules or regulations that a municipality or county may adopt relating to the placement or maintenance of communications facilities in its roads or rights -of way under this subsection, a municipality or county may require a provider of communications services that places or seeks to place facilities in its roads or rights -of -way to register with the municipality or county and to provide the name of the registrant; the name, address, and telephone number of a contact person for the registrant, 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 proof of insurance or self -insuring status adequate to defend and cover claims."[emphasis added.] See Florida Statutes Section 337.401(3)(b). '°d' In this connection there axe limited exemptions from right-of-way perunitting for routine maintenance, replacement of existing wireless facilities with wireless facilities that are substantially similar or of the same or smaller size, and certain micro wireless facilities; provided however that permits are required when work requites excavation, closure of a sidewalk, or closure of a vehicle lane. ,See Florida Statutes Section 337.401(7)(e). ' Compare 47 C.F.R. Sections 1.934 and 73.3568. Compare 47 C.F.R. Section 1.17 and 18 U.S.C. Section 1001. "1°"' See Florida Statutes Section 337.401(7)(e). I'ii Proper description of location and proposed facilities allows the City to determine whether the registrant's proposal can be accommodated in the right-of-way in a manner consistent with the requirements of this Article. Where two pending permit requests propose facilities that cannot be simultaneously accommodated in the right-of-way, in a manner consistent with the criteria set out in this Article, they are said to be "'mutually -exclusive." See Article 104-6A(a)(4). "x"' Public policy generally favors common siting of wireless facilities. See Florida Statutes Section 365.172(13)(a). Despite this policy, the City is statutorily prohibited from, requiring common siting of small wireless facilities. See Florida Statutes Section 337.401(7)(d)3. 58 Ordinance #2021- XXxv The City's power to adopt reasonable, nondiscriminatory ordinances governing performance bonds for work in the public rights -of -way is confirmed at Florida Statutes Section 337.401(7)(d)12. '°°" This waiver provision is important to insuring the City's ability to comply with 47 U.S.C. Section 253(a) ["No State or local statute or regulation , or other State or local legal requirement, shall have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service."] and 47 U.S.C. Section 332(c)(7)(B)(i) ["The regulation of the placement, construction and modification of personal wireless service facilities by any State or local government...(I) shall not unreasonably discriminate among providers of functionally equivalent services; and (II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services."] See 47 U.S.0 Section 253(a) and 47 U.S.C. Section 332(c)(7)(B)(i). These time frames are often referred to as "slant clocks" and are established by various state and federal statutes, FCC rules and FCC declaratory rulings. The shot clocks vary significantly from each other, depending upon (a) the size of the wireless facility proposed [tower, utility pole, small wireless, micro wireless, etc.], (b) the type of installation [new facility; modification of existing facility with significant changes to dimensions; modification of existing facility without significant changes to dimensions; modification of existing facility to add additional antennas; construction requires excavation; lane closures or sidewalk closures], and (c) the legal issues presented [is the pen it filing complete; does the permit filing require a waiver of applicable codes; has the permit fling been amended]. The shot clocks also use various processes for computing deadlines [Do you count calendar days or business days; does the computation involve tolling the running of time] Remedies for municipal inaction on right -of ---way permit requests vary, as well, with the most severe being that the permit is "deemed granted" by the rlutuling of time. 4""i"See Florida Statutes Section 337.401(7), which establishes deadlines for municipal action on right-of-way penrrit requests for small wireless facilities and for certain utility pales used to support small wireless facilities. Under Subsection 337.401(7)(d)7, the City has 14 days to determine the completeness of a perrnit request and to notify the registrant via email whether the request is complete. During this same 14 day period, Subsection 337.401(7)(d)4 allows the City to request that the registrant relocate a proposed small wireless facility to a different site in the right-of-way. A relocation request under Subsection 337.401(7)(d)4 triggers a 30 day negotiation period. At the end of this period, if the registrant accepts the relocation proposal, the permit request is deemed granted for the new Iocation and for WL other locations in the application. Subsection 337.401(7)(d)10 allows registrants to specify up to 30 small wireless facilities in a single consolidated right-of-way permit application and allows, but does not require, the City to consider individual 'facilities separately for purposes of assessing completeness. Apparently Subsection 337.401(7)(d)(4) requires consolidated grant of multi -location applications where a single site is subject to relocation negotiation, 59 Ordinance 42021- Under Subsection 337.401(7)(b)2, a registrant's request for waiver of design standards must be acted upon within 45 days of the request. Subsection 337.401(7)(d)(8) requires City action on a complete right-of-way pen -nit request within 60 days after receipt of the application. Otherwise the right-of-way permit is deemed granted. This time frame for action is altered if the City requests to negotiate relocation of a small wireless facility under Subsection 337.401(7)(d)4. In that case the City must grant or deny the original application within 90 days after the date the application was filed. Regardless of the applicable timeframe for action, if a request for a right-of-way pen -nit application is denied, Subsection 337.401(7)(d)9 affords the registrant 30 days after notice of denial to resubmit the application and cure deficiencies identified in the denial. The City then has 30 days to act on the resubmitted permit request, or it is deemed granted. Subsection 337.401(7)(f)5.c. imposes an additional deadline on the City mi cases where (a) an applicant files to collocate a small wireless facility on a City utility pole that does not support an aerial facility used to provide communications services or electric services and (b) -make-ready work or pole replacement is needed to support the proposed collocation. Under those circumstances, the City has 60 days from receipt of complete application to provide the applicant with a good faith estimate of the costs of make-ready work or the costs of any pole replacement needed to enable the pole to support the collocation. 'a Florida Statutes Section 365.172(13) establishes criteria and procedures streamlining approval of proposals for joint location of multiple wireless facilities on atower. Section 365.172 applies to approving construction of wireless facilities in commercial mobile radio service that provide wireless 911 or E911 services, whether or not they are located in the public right -of --way. The shot clock established by Section 365.172 distinguishes between applications proposing joint location of wireless facilities (which joint location is called a "collocation" in this statute) and applications for "any other wireless communications facility." Under Subsection 365.172(13)(d)1, an application proposing a "collocation" must be acted upon within 45 business days after the application is determined to be properly completed. Subsection 365.172(13)(d)2 requires action on all applications for a wireless communications facility, i.e. action on applications that are not a "collocation", be completed no later than 90 business days after the application is determined to be properly completed. Applications which are not acted upon within the time frames of Subsections 365.172(13)(d)I and 2 are deemed granted. In calculating dates for completeness, an application is submitted or resubmitted on the date it is received by the City. Subsection 365.172(13)(d)3a, gives the City 20 business days to notify an applicant that its application is incomplete. Otherwise, the application is deemed complete. An incomplete application may be resubmitted within reasonable timeframes established by the City, and the City again has 20 business days to rule on its completeness (or the application is deemed complete). x1` Under 47 U.S.C. Section 1455, the City is required: to approve "any eligible .facilities request for a modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station." This statute includes, but is not limited to, modification of existing towers and base stations in the public rights -of -way. 60 Ordinance #2021- In response to 47 U.S.C. Section 1455, the FCC adopted a regulation, 47 C.F.R. Section 1.6100, which defined the types of insubstantial changes to towers and base stations that can be made through an eligible facilities request. This rule also established a 60-day shot clock for processing eligible facilities requests. This 60-day period begins when a permit request is filed and is subject to tolling if the request is incomplete. In this connection, the information to be provided in request for right-of-way permit for an eligible facilities request is limited to documentation or information "reasonably related to determining whether the request meets the requirements [of 47 C.F.R. Section 1.6100.]" The City has 30 days to provide the registrant written notice of the permit request's incompleteness, delineating all missing documents and information. When this written notice is issued, the running of the 60-day period stops until the registrant files a supplemental submission. Thereafter, the City has ten days to provide a second or subsequent notice of incompleteness, which halts the rimming of the 60 day period until a second or subsequent supplemental submission it submitted. The remedy for a failure to act on an eligible facilities request within the 60 day period is that the request is deemed granted. However the remedy is not effective until the registrant notifies the City in writing that the request is deemed granted and the City may bring claims related to the request in any court of competent jurisdiction. "" The FCC's original foray into shot clocks for the processing of siting proposals for wireless facilities was a declaratory ruling interpreting the following provision of 47 U.S.C. Section 332(c)(7)(13)(ii): "A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request." See Declaratory Luling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely siting Revi", and to Preempt Under Section 253 State and Local Ordinances that Classify All Wireless siring Proposals as Requiring a Variance, 22 FCC Rcd. 13994 (2009); recon. denied., 25 FCC Rcd. 11157 (2010). The problem addressed in the declaratory ruling was the question of when is the correct time to institute litigation with a governmental authority that fails to act on a siting request. The answer given in the declaratory ruling was 90 days for proposals to jointly locate wireless facilities at the site of existing wireless facilities and 150 days for all other siting requests. The declaratory ruling also allowed for tolling of these periods when the governmental authority notifies the siting request's proponent of incompleteness of the request, within 30 days of the proposal's filing. "' This definition, up to placement of the endnote, generally tracks the definition in Florida Statutes 337.401(7)(b)2. Thereafter it seeks to describe the provisions of local codes and ordinances applying to sinall wireless facilities. "' This is the definition found at Florida Statutes Section 337.401(7)(b)3. "' This is the definition found at. Florida Statutes Section 337.401(7)(b)4. 61 Ordinance #2021- """ See Florida Statutes Section 337.401(7)(d)2. ""I See Florida Statutes Section 337,401(7)(d)3. ""ii See Florida Statutes Section 337,401(7)(d)4. 'l`x See Florida Statutes Section 337.401(7)(d)5. See Florida Statutes Section 337.401(7)(d)6. See Florida Statutes Section 337,401(7)6) See Florida Statutes Section 337,401(7)(f)5.b. See Florida Statutes Section 337.401(7)(f)5.c See Florida Statutes Section 337.401(7)(1)5.d. I' See Florida Statutes Section 337.401(d)(14). 1' See Florida Statutes Section 337.401(7)(d)14. See Florida Statutes Sections 843.025 and 843.165. See also 18 U.S.C. Section 1362. '"' See Florida Statutes Section 337,401(7)(d)15, 11' See Florida Statutes Section 337.401(3)(h). " The City's power to adopt reasonable, nondiscriminatory ordinances requiring insurance as a condition of placing or maintaining communications facilities in the public rights -of -way is confirmed at Florida Statutes Section 337.401(7)(d)12. "' The City's power to adopt reasonable, nondiscriminatory ordinances requiring indemnification as a condition of placing or maintaining communications facilities in the public rights -of -way is confirmed at Florida Statutes Section 337.401(7)(d)I2. "I The City's power to adopt reasonable, nondiscriminatory ordinances governing performance bonds with respect to placement or maintenance of communications facilities in the public rights - of -way is confirmed at Florida Statutes Section 337,401(7)(d)12, ""' These remedies include injunctive proceedings as provided by Florida Statutes Section 120.69 to enforce the provisions of this ordinance. See Florida Statutes Section 337,401(2). "'' The City's power to adopt reasonable, nondiscriminatory ordinances governing abandonment of connrnunications facilities in the public rights -of -way is confirmed at Florida Statutes Section 337,401(7)(d)12. 62 Ordinance #2021- 1i''See Florida Statutes Section 337.401(7)0), I" See Florida. Statutes Section 337,401(7)(d)12. 1"v' The compensation structure set out in this Section reflects the fact that Florida Statutes Section 202,24 prevents the City from obtaining compensation for the use of City facilities in the rights - of -way from entities paying the Communications Services Tax. The municipal compensation provisions found in Florida Statutes Section 337.401 is $1 SO per pole, per year. PASSED on first reading on PASSED AND ADOPTED on second reading on ATTEST: THOMAS SCHNEIDER, CMC: TAMARA JAMES CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 63 Ordinance #2021- City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 X3643 17ANlA B 1�C1� (954) 922-2687 Fax sE��r, uv� n ic�vs sr. Standard Development Application 0 Administrative Variance ❑ Land Use Amendment ❑ plat ❑ Rezoning Date Rec`d: --- - Q Site Plan TX-091.21 El Special Exception Petition No.: C] Variance ❑ other: TeXl alnendlnahL (SEEAPPLICATION TYPESCHEDULE ON PAGE53 & 4) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECIESARRY DOCUMENTS. Defer to the application type at the top of this form and "Required Documentation" checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing, Their failure to attend may Impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. Ail projects must also obtain a building permit from the City Building Division. For more Information please reference the Dania Beach Land development Cade Part 6, Development Review Procedures and Requirements. Location Address: 100 West mania Beach Lot(s): dock: _ Subdivision: Recorded Plat Name: Folio Number(s): Legal Description: Applicant/Consultant/Legal Representative (circle one) Address of Applicant: City of Dania Beach 100 West Dania Beach Business Telephone: F-mall address: Name of Property Owner; _ Address of Property Owner: Home: Business Telephone: Home: Fax: Fax: Explanation of Request: Text amendment to revise the City's telecommunication ordinance (CAD), For Plats please provide proposed Plat Name for Variances please aftach Criteria .Statement as per Section 623.40of the Land Development Code Prop. Net Acreage: Gross Acreage: prop. Square Footage: Existing Use.; Proposed Use:, Updaked 0712021 Is property owned individually, by a corporation, association, or a joint venture? AUTHORIZED REPRESENTATIVE I/we are fully aware of the request being made to the City of Dania Beach. If I/We are unable to be present, I/we hereby authorize (individual/firm) to represent me/us in all matters related to this application. I/we hereby acknowledge that the applicable fee was established to offset administrative costs and is not refundable. I/we are fully aware that all approvals automatically expire within 12 months of City of Dania Beach Planning and Zoning Board or City Commission approval, or pursuant to the expiration timeframe listed in Part 6 of the Dania Beach Land Dgqlopment Code. STATE OF FLORIDA COUNTY OF BROWARD By: The foregoing instrument (O ner ant was acknowledged BEFORE ME THIS �n� DAY OF N­��++*�� 24 �} By: rCL�a Pr_' a r-J u CLIEr+ (C nature*) (Print name of person acknowledging) (Joint owner signature if applicable) Notary _ r - DOMM E. SMINo [22M: MY CQISSION # W 303020 (signature of Notary Public —State of�A►0r* ) "'12,202f;c°� bonded TM Notary Puw Undo(Oem Personally known or Produced Identification Type of identification produced: or Drivers License *If joint ownership, both parties must sign. If partnership, corporation or association, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the a lication if an authorized agent signs for the owner(s). NO APPLICATION WILL BEAUTOMATICALL,YSCHEDULED FORA MEETING. ALL APPLICATIONS MUST BE DETERMINED COMPLETE SYSTAFF BEFORE PROCESSING OCCURS 2 of 4 UpdAtod 0712021 SunSentinel ;.-IMM FiM-Y. PIJ9LISHZNP- GPOUP Order ID: 7074763 GROSS PRICE* : $260.50 PACKAGE NAME: SSC Notice of Public Meeting NOTICE OF VIRTUAL PUBLIC HEARING CLTYOF DANiA BEACH, I=LORIDA A Virtual Public HParin$ will be conducted by the City of Dania Beach Planning $ zoning Board on the following date to consider tho following application: DATE: Wednesday, November 17, 2021 TIME: 1:00 p.m. cr as soon thereafter as the same may he heard PLACE: Planning & zoning Board Virtual Meeting Please visit www.daniabeachfl.govMrtualmoOngsfor detailed instructions and the specific requirements for partfcfpating in the Oty's virtual quasi- judicial land use meetings, SUBJECT; TX-091-21: ROWS i4nS to the City's Telecommunications 0Winance The following is the proposed ordinance of the matter: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDAAMENDING CHAP7EIR 28, EN- TITLED THE "LAND DEVELOPMENT CODE-, PART 8 ENTITLED "rECFWICALAPPENDIY AR- TICLE 835, ENTITLED "TELECOMMUNICATION TOWERS AND ANTENNAS", OF THE CITY'S CODE OF ORDINANCES, TO UPDATE THE CrFY'S TFLECOMMUNICATIONS ORDINANCES TO BE CONSISTENT WiTH STATE AND FEDERAL LAW; CREATING STANDARbS FOR COM- MUNICATIONS FACILITIES' DESIGN, LOCATION AND COLLOCATION: ADDING CRITERIA FOR REVIEW OFTELECOMMUNICATiONS EQUIPMENT AND FACILITIES; PROVIDING FOR CON - ELICTS, PROVIDING FOR SEVERABILITY, FURTHER, PROVIDING FOR AN EFFECTIVE BATE. copies of the proposed requests or applicable information are avafiable on line. For more Information, please Call the Planning Division at (954) 924-6805 EXt. 3-104 and staff will doectyou to the on-line project information. Please be advised that if a person decides to appeal anydecision made by Local Plan• ningAgency, the Planning and Zoning Board or the city Commission with respect to any matter considered at this hearing, such person will need a verbatim record of the pro- ceedings and for this purpose such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evWence Upon which the appeal is to based. The City does not provide or prepare such record pursuant to F5. 28 6,01 U5. in accordance with the Americans with Disabilities Act; persons needing assistance to participate in any of these proceedings should contact the city clerk's office, 100 West Dania Beach Soufevard, Dania Beach, Florida 33004, (954) 924-6800 FXt, 3624, at least 48 hours prior to the meriting, Application information Application Site; city Witte Project: Text a mend men t Request: TO amend and update consistentwith changes in Federal and State Law, the city's Telecommunications ordinance, Applicant: City of Dania Beach Hearing Date & Time: November 17, 2021 at 7:00 PM Hearing Location: Planning & zoning Board Virtual Meeting: Please visit www daniabeachff.gov{virtualmoctings for detailed instructions and the spe- cific requirements for participating in the citys virtual quasi-judicial land use meetings. Contact Information: Corinne LaJoie, AssiSt'ant Director, AiCP (954) 924.6805 at. 3704 1111 /ZD21 7074763 Printed: 10/28/2021 8:31:17 AM Page 3 of 3 Agency Commission noL included CITY OF DANIA BEACH CITY ATTORNEY'S OFFICE DANIA BEACH SEA IT, LIVE IT LOVE IT. ME4 MORANDUM DATE: November 17, 2021 TO: The Planning and Zoning Board Members FROM: ThomasCity Attorney Thomas J. Ansbro J. Anat)ro C1 SUBJECT: An Ordinance Amending Article 826, Entitled "Oak Hammock Tree Protection Overlay" to Eliminate the One -Year Sunset Provision and Making the Ordinance pail of the Land Development Code The Request: - Article 826 of the Land Development Code (LDC) entitled "Oak Hammock Tree Protection Overlay" can be adopted as a regular ordinance if the City Commission so directs, Background: The City adopted Article 826 of the LDC, which Article is entitled `'Oak hammock Tree Protection Overlay", on January 26, 2021, The ordinance provided for it to be automatically repealed (sunset) if the Article was not regularly adopted as part of the LDC within a year of that enactment. The City is now proposing to snake the overlay a regular part of the Code. No other edits are proposed. The overlay area consists predominantly of a mesic hardwood (oak) hammock forest community as defined by the Florida Natural Areas Inventory and referenced in Section 825-140(A)(2)(b.) of the City's code, located in the general vicinity of the SW 361h Terrace, SW 37'h Avenue, and SW 37'h Terrace residential neighborhoods. The overlay stretches from Stirling Road north for approximately 1,280 linear feel., to the end of the streets, which includes approximately 30 gross acres and 74 parcels, in the City. The area is a mesic temperate hammock dominated by oaks, but slash pines, cabbage palms, strangler figs, gumbo limbos, and other native species are also present in the area. The Overlay provides effective twee protection and requires the coordination of other design standards such as landscaping, utility infrastructure placement, stormwater management and vehicle parking, etc. Budgetary Impact There is no budgetary impact from this item. Recommendation It is proposed that the City Commission consider adopting the Ordinance as a part of the LDC. TJA/EAB/la cc: Ana M. Garcia, 1CMA-CM, City Manager Candido Sosa-Cruz, Deputy City Manager Eleanor Norena, Director, Community Development Department ORDINANCE NO, 2022- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING ARTICLE 826 F;N11TLED "OAK HAMMOCK TREE PROTECTION OVERLAY" UNDER THE CITY'S LAND DEVELOPMENT CODE (LDC) OF THE CITY OF DANIA, BEACII CODE TO BECOME A PERMANENT ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; =THRR, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 26, 2021, the City of Dania Beach, after several public hearings and workshops, adopted the "Oak Hammock Tree Protection Overlay", for the general vicinity of the SW 36'h Terrace, SW 37'h Avenue, and SW 37'h Terrace residential neighborhoods; and WHEREAS, as part of the adoption of the Overlay the City Commission authorized approval of the ordinance for a one-year period, mid if not readopted, the ordinance would sunset (expire); and WffERE AS, the City desires to remove the one-year restriction and to make the ordinance a permanent provision within the Land Development Code; and WHEREAS, the Oak Hammock Tree Protection Overlay area is a mesic temperate hammock dominated by oafs, but slash pines, cabbage palms, strangler figs, gumbo limbos, and other native species are also present in these habitats; and WHEREAS, the communal benefits provided by a mature forest canopy cannot be replicated through new plantings in a reasonable timeframe; and WHEREAS, the City recognizes that effective tree protection requires the coordination of other design standards such as landscaping, utility infrastructure placement, stormwater management and vehicle parking, etc.; and WHEREAS, the communal benefits that preserve the health, safety and general wellbeing of the inhabitants of the City include, amongst other things, storm protection, stormwater storage and treatment, soil stabilization and strengthening, and serve to counter heat island effect; and WHEREAS, in order to protect the unique nature of this axon, the City of Dania Beach seeks to adopt the Oak Hammock Tree Protection. Overlay, as a permanent ordinance without a sunset date; WIIEREA, the City Planning and Zoning Board, Sitting as the Local Planning Agency, held a duly advertised public hearing on ____________ and recommended approval of the overlay (TX- =__) request; and WHEREAS, the City Coirui fission conducted two (2) duly noticed public hearings in accordance with law; and WHEREAS, the City Commission finds that the approval of the overlay as a permanent provision in the Land Development Code will protect the public health, safety, and welfare of the residents of the City, and further the purpose, goals, objectives and policies of Objective XVI1 of the Future Land Use Element and Objective IV in the Conservation Element of the City's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA; Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Chapter 29 "Land Development Code," Part 8, "Technical Appendix," of the City Code of Ordinances shall not sunset on January 25, 2022, and shall be a permanent portion of the City's Land Development Code (until repealed) to read as follows: CHAPTER 28 LAND DE'V'ELOPMENT CODE PART S — TECHNICAL APPENDIX ARTICLE 826 —OAK HAMMOCK TREE PROTECTION OVERLAY 826-10 PURPOSE/INTENT. The purpose of the Oak Hammack Tree Protection Overlay District is to preserve the iiinctional, ecological, and aesthetic integrity of the existing mesic (oak) hardwood hammock forest community in a particular area described herein by establishing additional protections beyond what Section 825 of the City's Land Development Code currently provides. It is the City's desire to acknowledge the unique and irreplaceable nature of this tree hammock community and thus implement an enhanced institutional control that encourages conservation and preservation of this remnant natural area for the variety of reasons listed below while still enabling responsible development, redevelopment, or property improvement within the included properties. The intent of this Overlay is to provide specific standards and regulations to ensure a minimum number of trccs on any lot or parcel within the overlay, protect and preserve native tree species, protect and preserve the natural forest community, foster and encourage maintenance of natural vegetation, and minimize loss of trees to development within the overlay district. It is the intent of the city to: A. Acknowledge the existence of native tree resources and hammock community understoiy in the Overlay district that collectively have synergistic value, while recognizing the existing residential structures and that new home construction, reconstruction, and other home improvements will occur; B. Establish minimum landscape standards for all properties within the Overlay District; 2 ORDINANCE #0022- C. Ensure that new development and alterations to existing development are coordinated with the City to maximize compatibility with the existing tree resources and associated benefits protected by the Overlay District D. Provide clear limitations on impacts to the hammock community within the overlay district; R Implement increased specimen and buffer tree protections; F. Create disincentives for unnecessary tree/vegetation removals G. Ensure existing, mature native trees important to the Overlay District are protected and maintained to the fullest extent possible; H. Encourage new structures, utilities, and impervious surfaces to be planned, designed, and placed in such a way as to protect the survivability and substantial growth of the healthiest canopy trees on the property; and 1. Ensure all properties located within the overlay shall maintain compliance with the Overlay Article. 826-20 GOALS, I.n furtherance of the prescribed intent, this Overlay District is intended to accomplish the following goals deemed particularly beneficial to the residents within the District and also to the City as a whole: A. Maintain, preserve, and improve the existing, native trees and intact understory plant community within this mature, mesic hardwood hammock community, the largest remaining within the City; B. Achieve a balanced, equitable and practical approach to preserving the canopy and fostering the establishment of new trees in the Overlay area, C. Preserve of the Overlay's existing tree canopy by managing the impact of development or redevelopment, and preventing unreasonable or unnecessary damage to the community's existing native tree canopy and vegetative understory; D. Maintain the diversity of tree species indigenous to the Overlay area. E. Preserve, enhance, and restore the unique natural environment in the Overlay area for the enjoyment of present and future residents; P. Preserve the scenic streets and sense of place the existing oak hammock creates; G. Preserve the tree canopy and natural vegetation for their ability to serve as an important stoma water -management tool in the community; H. Preserve the intact tree canopy for its synergistic resistance to storm conditions when maintained as a whole; 1. Achieve greater energy conservation by maximizing the shading and cooling effects of tree canopy and vegetated surfaces; J. Maintain and expand the existing tree canopy to reduce the sound pollution in the neighborhood from surrounding commercial destinations; K. Maintain and expand the existing tree canopy to decrease, the light pollution resulting from 3 ORDINANCE #0022- surrounding commercial areas; and L. Maintain and expand the existing tree canopy to reduce the heat island effects of urban development in the community. 826-30 OVERLAY DISTRICT LOCATION AND LIMITS. All public or private rights of way and residential properties accessed by and located on both sides of the following City roads north of Stirling Road: SW 37 Terrace, SW 37th Avenue, and SW 36 Street. The ma of the overlay area is as follows: "THE OVERLAY" DNJ HARGER HILLS SW 35 TERRACE SW37AVENUE SW 37 TERRACE ZONING DISTRICT RESIDENTIAL SINGLE FAWY (RS•12000) Legend M SUBJECT PROPERTY 45W BUFFER DANIA BEACH 91mr- YSff,LOVEit Faet 6 105 210 420 630 840 The legal description of the properties subject to the overlay are as follows: Folio No. 504231010759 - REED LAND CO SUB 2-32 D 31--50-42 LOT 16 S 250 OF B1/2 LESS PT DESC TN OR 8288/127 FOR RD R/W BLK 3; Folio No. 504231010721 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 345 OF El/2 BLK 3; Folio No. 504231010768 - REED LAND CO SUB 31-50-42 2-32 D LOT 16 N 105 OF S 450 OF E1 /2 BLK 3; Folio No. 504231010753 - REED LAND CO SUB 2-32 D 31-50-42 N 95 OF S 545 OF E1/2 OF TR 16 BLK 3; Folio No. 504231010751 - REED LAND CO SUB 2-32 D 31-50-42 N 95 OF S 640 OF E1/2 OF TR 16 BLK 3; Folio No. 504231010765 - REED LAND CO SUB 2-32 D 31-50-42 TR 16 N 100 OF S 740 OF 4 ORDINANCE -0022- EI/2 BLK 3; Folio No. 504231010766 - REED LAND CO SUB 31-50-42 2-32 D LOT 16 N 95 OF S 935 OF El/2 BLK 3; Folio No, 504231010766 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 930 OF E1/2 BLK 3; Folio No. 504231010758 - REED LAND CO SUB 2-32 D 31-50- 42 LOT 16 N 100 OF S 1030 OF E1/2 BLK 3; Folio No. 504231010722 a- REED LAND CO SUB 2-32 D 31-50-42 LOT16 N 95 OF S 1125 OF E1/2 BLK 3; Folio No. 504231010720 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 1220 OF E1/2 BLK 3; Folio No. 504231010760 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 El/2 LESS S 1220 BLK 3; Folio No. 504231010767 - REED LAND CO SU13 31-50-42 2-32 D LOT 16 W1/2 LESS S 1220 l3LK 3; Folio No. 504231010755 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 1220 OF WI/2 BLK 3; Folio No. 50423 tO 10752 - REED LAND CO SUB 2-32 D 31-50-42 N 95 OF S 1125 OF W1/2 OF TR 16 BLK 3; Folio No. 504231010769 - REED LAND CO SUB 2-32 D 31-50-42 TR 16 N 95 OF S 1030 OF W1/2 BLK 3; Folio No. 504231010761 - REED LAND CO SUB 2-32 D 31- 50-42 LOT 16 N 100 OF S 935 OF W1/2 BLK 3; Folio No. 504231010764 - REED LAND CO SUB 2-32 D 31.-50-42 LOT 16 N 95 OF S 835 OF W 1 /2 BLIP 3; Folio No. 504231010762 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 100 OF S 740 OF W1/2 BLK 3; Folio No. 504231010770 - REED LAND CO SUB 2-32 D 31-50-42 N 95 OF S 640 OF W1/2 OF TR 16 BLIC 3; Folio No. 504231010763 - REED LAND CO SUB 2-32 D 31-50-42 N 100 OF S 545 OF W1/2 OF TR 16 BLK 3; Folio No. 504231010756 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 445 OF W1/2 BLK 3;Folio No. 504231010741 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 100 OF S 350 OF W1/2 BLK 3; Folio No. 504231010754 - REED LAND CO SU13 2-32 D 31-50-42 N 85 OF S 250 OF W1/2 OF LOT 16 BLK 3; Folio No. 504231010757 - REED LAND CO SUIT 2-32 D 31-50-42 BEG SW COR OF LOT 16,NLY 53.01, ELY 71.60 TO POB,CONT ELY 96.61, NLY 112,WLY 97.35,SLY 112 TO POB BLK 3; Folio No. 504231020153 - HARGER HILLS 2641 B LOT 23 N 112.03 OF S 130.03 OF E 73; Folio No. 504231020150 — HARGER HILLS 26-41 B LOT 23 N 112 OF S 130 LESS E 73 & LESS PT LYING SWLY OF CHORD FOR 25 RAD ARC,SAID ARC TANG TO W/L LOT 23 & TANG TO LINE 53 N OF S/L OF SEC 31,TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF SAID LOT,LESS STIRLING ROAD R/W & LESS 2 FT BIKEWAY; Folio No. 504231020152 - HARGER HILLS 26-41 B LOT 23 LESS S 130,TOGETHER WITH E 1/2 OF PT OF VAC'1) SW 37 AVE LYING W OF & ADJ TO SAID PROP; Folio No. 504231020140 - HARGER HILLS 2641 B LOT 22 LESS N 25,TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF SAID PT OF LOT 22; Folio No. 504231020141 - HARGER HILLS 26-41 B LOT 21,22 N 25 TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF SAID LOTS; Folio No. 504231020120 - HARGER HILLS 26- 41 B LOT 20 &. E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO SAID LOT; Folio No. 504231020110 - HARGER HILLS 26-41 B LOT 19 TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO LOT 19; Folio No. 504231020100 - LARGER ITILLS 26-41 B LOTS 17 & IS TOG WITH E1/2 OF PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO SAID LOTS 17 & 18 PER O.R. 23957/105 BCR ; Folio No. 504231020080 - HARGER HILLS 26-41 B LOT 16 TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO LOT 16; Folio No. 504231020070 - I-IARGER HILLS 26-41 B LOT 15 TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO LOT 15; Folio No, 504231020060 - HARGER HILLS 26-41 B LOT 14 TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO LOT 14; Folio No. 504231020050 - HARGER FIILLS 26- 41 B LOT 13 TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO LOT 13; Folio No. 504231020040 - HARGER HILLS 26-41 B LOT 12 & E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO SAID LOT; Folio No. 504231020039-14ARGER. FELLS 26-41 S LOT 11 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO LOT 11; Folio No. 504231020038 - HARGER HILLS 26-41 B LOT 10 & W 1/2 OF PT OF 5 ORDFNANCE 40022- VAC'D S W 37 AVE LYING E OF & ADJ TO LOT 10; Folio No. 504231020037 - HARGER. HILLS 26-41 B .LOT 9 & W 1/2 OF PT OF VAC SW 37 AVE LYING E OF & ADJ TO LOT; Folio No. 504231020036-14ARGER HILLS 26-41 B LOT 8 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO LOT 8; Folio No. 504231020032 - HARGER DILLS 26-41 B LOT 7 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO LOT 7; Folio No. 504231020033 - HARGER HILLS 26-41 B LOT 6 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO LOT 6; Folio No. 504231020031 - HARGER HILLS 26-41 B LOT 5 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO LOT 5; Folio No. 504231020030 - HARGER HILLS 2641 B LOT 4 'TOGETHER WITI-I W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO LOT 4; Folio No, 504231020016 HARGER. HILLS 26-41 B LOT 3 N 90 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO SAID LOT; Folio No. 504231020015 - HARGER HILLS 26-41 B LOT i N 40,2,3 LESS N 90 TOGETHER WITH W 1/2 OF PT OF VAC SW 37 AVE LYING E OF SAID LOT; Folio No. 504231020014 - LARGER HILLS 26-41 B LOT 1 S 90 OF N 130 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF SAID LOT; Folio No. 504231020013 - HARGER HILLS 26-41 B LOT 1 S 88 OF N 218 TOGETHER WITH W 1/2 OF THAT PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO SAID LOT; Folio No, 504231020012 - HARGER FULLS 26-41 B LOT 1 S 88 OF N 306 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO SAID LOT; Folio No. 504231020010 - HARGER HILLS 26-41 B LOT 1 LESS S 18 &. LESS N 306 & LESS EXT AREA FORMED BY 25 RAT.] ARC TANG TO E/L OF LOT 1 & TANG TO A LINE 53 N OF & PARA TO S/L OF SEC 31-50-42 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO SAID LOT, LESS THERE -FROM STIRLING R1D R/W & LESS 2 FT BIKEWAY; Folio No. 504231040160 - STIRLING OAKS ESTATES 77-39 B LOT 17; Folio No. 504231040150 - STIRLING OAKS ESTATES 77-39 B LOT 16; Folio No. 504231040140 - STIRLING OAKS ESTATES 77-39 B LOT 15; Folio No. 504231040130 - STIRLING OAKS ESTATES 77-39 B LOT 14; Folio No. 504231040120 - STIRLING OAKS ESTATES 77-39 B LOT 12; Folio No. 504231040110 - STIRLING OAKS ESTATES 77-39 B LOT 11; Folio No. 504231040100 - STIRLING OAFS ESTATES 77-39 B LOT 10; Folio No. 504231040090 - STIRLING OAKS ESTATES 77-39 B LOT 9; Folio No. 504231040080 - STIRLING OAKS ESTATES 77-39 B LOT 8; Folio No. 504231.040070 - STIRLING OAKS ESTATES 77-39 B LOT 7; Folio No. 504231040060 - STIRLING OAKS ESTATES 77-39 B LOT 6; Folio No. 504231040050 - STIRLING OAKS ESTATES 77-39 B I.OT 5; Folio No, 504231040040 - STIRLING OAKS ESTATES 77-39 B LOT 4; Folio No. 504231040030 - STIRLING OAKS ESTATES 77-39 B LOT 3; Folio No. 504231040020 - STIRLING DADS ESTATES 77-39 B LOT 2; Folio No. 504231040010 - SURLING OAKS ESTATES 77-39 B LOT 1; Folio No. 504231040171 - STIRLING OAKS ESTATES 77-39 B PORTION OF PARCEL A DISC AS COMM NW COR OF SAID PARCEL,SLY 103,ELY 158.52,NLY 102.98,WLY 157 TO POTS AKA: LOT A-1 STIRLING OATS ESTATES; Folio No. 504231040173 - STIRLING OAKS ESTATES 77-39 B PART OF PARCEL A DESC'D AS,COMNI AT NW COR PAR A,ELY 157 TO POB, CONT E 106.57,SELY 39.87,SLY 77.40,WLY 129.71,NLY 102.98 TO POB AKA: LOT A-5 STIRLING OAKS ESTATES; Folio No. 5042310401.74 - STIRLING DADS ESTATES 77-39 B PART OF PARCEL A DESC'D AS,COMM AT SW COR OF PARCEL A,E ALG S/L FOR 262.37 TO POB,NELY ARC DIST OF 38,67,N 132.60,W 144,11,SLY 50,ELY 25,SELY 141.03 TO POB AKA.: LOT A-4 STIRLING OAKS ESTATES; Folio No. 504231040170 - STIRLING OAKS ESTATES 77-39 B PART OF PARCEL A DESC'D AS,COMM AT SW COR OF PARCEL A,ELY 25 TO POB,CONT ELY 237.37,NWLY FOR 141.03,W.LY 50,SWLY 143,40 TO POB AKA: LOT A-3 STIRLING OAFS ESTATES; and Folio No. 504231040172 - STIRLING OAKS ESTATES 77-39 I3 PT OF PARCEL A DESC AS 6 ORDIlVANCE ##0022- BEG SW COR PAR A,N 157,E 1.44.12,S 50, W 25,SW 143.40,W 25 TO POB AKA: LOT A 2. 826-40 OVERLAY STANDARDS AND PROVISIONS' The enhanced standards of this section apply to all native (as defined in 825-50) trees and intact understory areas within the limits of the Overlay District. Nonnative and ornamental trees/vegetation otherwise regulated by Articles 275 or 825 of the City's code are not subject to these enhanced standards. For the reasons outlined in Sections 826-10 and 826-20 of this Article, these provisions shall help to preserve and maintain the functional integrity of the forest community as a whole by maximizing retention of native trees and understory that are characteristic of the Overlay area. All land development, redevelopment, improvement, or property maintenance (e.g. driveway repaving or fixing a cracked water line due to root intrusion; limb removal due to roof line or gutter conflicts) within the Overlay District shall comply with the following new or increased standards which supersede or are in addition to existing requirements of Articles 275 (Landscaping) and 825 ( Tree Preservation.) of the City's Land Development Code: A. Minimum landscape standards: For properties within the Overlay District, the minimum tree requirements shall be either six (6) category 1A native canopy trees, 40" combined native tree caliper/dbh, or aerial canopy coverage equal to fifty (50) percent of the lot size. Credit for canopy coverage can extend beyond the property line for trees rooted wholly or mostly within the property requesting the credit. The table below shows the differences between minimum landscape requirements for properties located within the district vs. those located elsewhere in the City. Minimum # Min. Mira. Canopy Frees CaIiper/DBH Credit Non -Overlay Area Requirements 3 Category 1 B 15" 900 sq. fit. [275-160(B)(1)] Overlay Axea Requirements** G Category IA 40" Sop/o of lot area *all requirements must be met * * only one of the three requirements must be met B. Perimeter: buffer preservation zone: A perimeter buffer preservation zone shall be established to preserve existing trees located nearest to property lines where conflicts with residences are Iowest. All existing native trees in "fair" or "good" condition with a DBH larger than eight (S) inches and situated wholly within ten (10) feet of the property line are to be preserved. Intact understory areas within this same ten (10) foot buffer shall also be preserved against voluntary impacts. Any development, redevelopment or exterior site improvements shall be designed and implemented in a manner that preserves the existing canopy and critical root zones of such trees, and any native understory that may also be present. This perimeter buffer may be reduced in certain areas if other portions of the buffer with equal or greater value are equivalently increased as compensation. C. Mandatory preservation of healthy specimen trees: preservation against voluntaryfelective F.S. Section 163.45 provides that a tree that is determined to be dangerous to persons or property by a certified arborist licensed by the International Society of Arboriculture or a Norida licensed landscape architect does not require a permit or mitigation. 7 oxoWANCE #0022- impacts shall be required for all existing specimen trees (excluding palms) in "good„ condition [Sec. 825-50]. Any development, redevelopment, or exterior site improvements shall be designed and implemented in a manner that avoids impacts to or abuse of existing canopy and critical root zones of such trees. D. Construction design standards: In designing a new residential. structure or an additionhn provement to the exterior of an existing residential structure, including, but not limited to the installation of a shed, pool or driveway, the improvements shall be designed and constructed around regulated native trees in "fair" or "good" condition and intact understory areas to the maximum extent feasible. Horizontal and vertical design modifications shall prevent abuse of existing native tree resources, E. Prohibition against elective variances: variances to Overlay requirements which would result in impacts to native trees (excluding palms) with a DBH larger than eight (8) inches in "fair" or "good" condition are prohibited. F. Increased health and location protections: Trees with "Good" condition rating, as defined in section 825-50 of the LDC, and location scares of 2 or better, as described in section 825- 140(C)(2)] shall receive greater protections and requirements for avoidance than other non - specimen trees or those with substantial structural defects or health issues. G. Advanced notification requirement: At least 48 hours prior to any contracted trimming, or removal of trees, the property owner is required to contact the City and provide a work schedule so that the City's arborist may meet on site meet with the tree removal or maintenance contractor and inspect the trees proposed for removal or trimming. This meeting shall provide opportunity to confirm the proposed trimming activities will not residt in accidental abuse of protected trees and verify proposed removals have been approved. 826-50 SPECIFIC TREE PROTECTIONS A. Protective measures are required to minimize: 1. Mechanical injuries to roots, trunk, and branches; 2. injuries by chemical poisoning; 3, Injuries by grade changes; 4. hajuries by excavations; 5. Injuries by root compression; and 6. Injuries by new impervious surfaces paving B. A Tree Protection Zone shall be established around each tree(s) on the property and in the general vicinity of the proposed construction/installation/maintenance area as follows: 1. At a minimum, the tree protection zone shall be defined as a circular area around a native tree with a radius equal to six (6) tunes the diameter of the trunk of the protected tree at breast height. In no case shall a tree protection zone be less than seventy-two (72) inches in diameter. As an example, a protected tree with a DBH of fifty (50) inches (4-ft. 2-inches) will have a tree protection zone with a radius of three hundred (300) inches (25 ft.). A protected tree with a DBH of eight (8) inches will have a tree protection zone of seventy-two (72) inches. 8 ORDINANCE #0022- 2, Prior to commencement of const -faction, all native trees to remain shall be protected via the installation of a tree protection barricade. The tree protection barricade shall be at least three (3) feet tall. fence The barricade must remain in place tlu-ough the duration of construction activities, 3. Trenching or excavation within the tree protection zone of a native tree intended for preservation must not impact more than 30% of the tree protection zone. Directional boring/tunneling is the preferred method when applicable. TUNNELING UNDER ROOT ZONE C Jl WRONG RIGHT AVOID SEVERING ROOTS (ustall utility lines armirsd tree roots or tunnel udder the root zone. Trenching Mly all the roots outside the trench line, Posts and supporting beams can be substituted for looting and walls where proposed foundations conflict with tree roots. 4. A deviation from the minimum size requirements of the tree protection zone may be granted by the Community Development Director if the strict application of this rule will result in the unnecessary removal of trees which can otherwise be preserved through application of best management and sound arboricultural/horticultural practices. Consultation with an. ISA. certified arborist is required to determine proper measures to ensure protection of the tree duruig construction activities. The plan shall be prepared and certified by an 1SA certified arborist and include sufficient detail to clearly define the process, deviation from requirements herein, and altemative protective measures proposed. S. The root systems of native trees shall be preserved when installing fences and walls. Postholes and trenches located close to trees shall be dug and adjusted as necessary to avoid damage to major roots. Continuous footers for masonry walls shall be ended at the point larger roots are encountered and the roots bridged. 9 ORIDWANCE #0022- If upon inspection by the City it is determined that a tree protection barricade has been improperly located or has not been properly maintained, a stop work order may be issued. The stop work order may not be lifted until all barricades have been re- established in accordance with this ordinance and any resulting corrective action has been completed. 826-60 EXEMPTIONS. The following exceptions to the tree preservation requirements herein are authorized: A. Generally accepted emergency/time-sensitive procedures necessary for the protection of life, health, safety, or property. 13. Pruning trees by qualified entities (e.g. property owners, utility or other easement holders or their authorized contractorslagents) that does not duality as tree abuse under Article 830 and is conducted wholly in accordance with ANSI A-300 standards or other applicable Statutes. C. Non-native/exotic or ornamental landscape trees are exempt from the Overlay requirements. 826-70 PERMIT APPLICATION REQUIREMENTS. A building permit or twee removal permit application that is reviewed for compliance with the standards of this chapter may require more information than a typical residential permit application not affected by these provisions. If alteration of native trees is proposed, the information below may be required by the City. This information must be prepared by certified or qualified professionals and submitted with any permit application packages proposing removal or alteration of specimen trees: A. Tree survey or tree resource map assigning individual tree numbers and identifying the locations of all regulated trees on site. The survey/map should also include approximate/representative foliage limits for all unmaintained/intact understory areas, as wellas additional trees rooted within 50 feet of the property lines such that overhanging canopy areas are clearly reflected on the survey; B. Tree Data Table listing the species, trunk diameter (inches), canopy spread (feet), canopy area (square feet), height (feet), and condition of the tree; C. Tree disposition plan indicating the intent to remove, relocate, or preserve each tree shown on the survey (this may be included in the tree data table identified in 826-70B. above.; D. Arborist report documenting and evaluating all native trees proposed far removal and all specimen trees on -site; a. a-rborist reports shall be prepared in accordance with ISA standards and at a minimum include documentation of the tree location, size, growth habit, condition, and conflicts with surrounding features as applicable for determination of potential hazard status [Section 825-50, of the Land Development Code] or health/condition rating as required for specimen tree appraisal [Section 825- 140(C)(2), of the Land Development Code]; and 10 ORDINANCE 40022- E. Tree -specific arborist evaluations shall be required for all new development or redevelopment applications proposing ground disturbing activities (e.g. plumbing, electrical., etc.) within the critical root zones of native tees protected under this article. 826-80 MITIGATION. Canopy replacement or Tree Trust Fund payments required for tree removals shall be subject to the following additional requirements. A. This article supersedes the existing mitigation exemption for single family properties outlined in Sec. 825-100(D), of the Land Development Code. B. Mitigation for tree removals shall be required on -site for all properties which do not meet the minimum landscape standards described in 826-40(A) above. Any property that legally does not meet the tree coverage criteria contained herein at the time of ordinance adoption may coordinate with the City to submit documentation of the pre-existing deficiency which would preclude assessment of this on -site requirement for compensatory mitigation that exceeds the documented pre-existing condition. C. On -site mitigation is preferred for all projects regardless of compliance with 826.40(A). To encourage on -site tree replacement, mitigation in excess of the minimum thresholds in 826-40(A) that is provided off -site shall be valued at half the calculated canopy square footage (825-100) or monetary cost to the City's Tree Trust Fund (825-30). On -site mitigation/tree replacement shall be attributed full value outlined in Sec. 825-100, of the Land Development Code, D. Mitigation for specimen tree removals shall be provided at least 50% on -site regardless of compliance with 826.40(A). E. Trees on the nuisance plants list may be removed regardless of size provided that each tree removed is replaced either with one native Category 2 tree or 150 square feet of native understory shrubs representative of the protected community type and otherwise meeting the requirements for size and spacing of new landscape installations identified in Article 275 of the City's Land Development Code. F. Replacement trees for on -site mitigation shall be of Category IA size or larger and shall be of species typical of the mesic hardwood hammock habitat being protected. The City may authorize mitigation via the Tree Trust Fund an a case -by -case basis if a suitable on - site location for canopy tree growth and establishment does not exist. G. For projects required to provide three (3) or more mitigation trees, at least two (2) different tree species shall be provided. 826.90 CONDITIONS OF CITY APPROVAL. Planning/Zoning or 13u3lding department approvals affecting native trees or intact understory areas within the Overlay -shall be subjeot to the following conditions: A. All trees required on properties with approved site/landscape: plans associated with an issued building permit shall be maintained continually and replaced with similar species at equal or greater size if they die. B. Tree/vegetation protection measures must be reasonably implemented during construction of permitted site improvements and maintenance activities. All failures to 1 I ORDINANCE l OM- protect as per approved plan, especially unauthorized damage to the critical root zone or trunk shall be subject to enforcement. C. The City shall be notified at least 48 hours prior to all native tree removals and/or trimming of native tree branches exceeding 6" in diameter. 826.100 LWFORCEMENT After -the -fact regulation of unauthorized protected tree removals or tree abuse shall be subject to the following; A. Application fees for after -the -fact permits shall be doubled. B. The removal of a healthy specimen tree not meeting the criteria of this Article, the removal of a specimen tree without a permit, or the damage of or effectively destroying a specimen tree which kills or will more likely than not cause the tree to die shall warrant the assessment of a penalty of up to $5,000, as determined appropriate by the ,Special Master as the harm is irreparable and irreversible, in addition to meeting the restoration requirements defined herein. Linder this Overlay District, unauthorized removals of trees or understory vegetation, actions that "effectively destroy" trees as defined at Section 825.50, or actions constituting tree "abuse" as defined at Section 825.50 sl . be subject to the enforcement provisions of this section. C. Double mitigation (canopy replacement and/or trust fund payments as determined by the criteria herein) shall be required in addition to processing fees and prescribed fineslpenalties. Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. ,Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conftict. Section 5. That this Ordinance shall be effective immediately upon its passage and adoption on Second reading. 12 aRDMANCE 40022- PASSED on first reading on December 14, 2 02 1. PASSED AND ADOPTED on second reacting on January , 2022. 01HOW IU1 THOMAS SCHNEIDER, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNBY TAMARA JAMEfS MAYOR 13 ORDTNANC #0022- City of Dania Beach, Florida Department of Community Development Planning and zoning Division (954)924-6805 X3643 ID (954) 922-2687 Fax DANIA BEACH SEA IT tnr tr.LovE IT Standard Development Application Administrative Variance Land Use Amendment Plat Rezoning Site Plan Special Exception Variance Other: Date Rec'd: Petition No.: TX 065 20R (SEE APPLICATION TYPE SCHEME ON PAGE'S3 & 4) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS, Refer to the application type at the top of this form and "Required Documentation" checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application, As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City Building Division. For more information please reference the Dania Beach Land Development Code Part 6, Development Review Procedures and Requirements. Location Address: Lot(s): sw 36 Ter, SW 37 Ave, and SW 37 Ter Recorded Plat Name: Folio Number(s): 81ock: Subdivision: Legal Description: Applicant/Consultant/Legal Representative (circle one) Address of Applicant: 100 vest Dania Beach Blvd Business Telephone: Horne: E-mail address: Name of Property Owner: Address of Property Owner: Business Telephone: Home: Fax: Fax: To create a tree protection overlav renuiatlon and district Permanent for trees In the general vicinity. Explanation of Request: For Pats please provide proposed Plat Name for Section 625.40 of the Land Development Code. Prop. Net Acreage: Existing Use: Variances please al'ach Criteria Statement as per Gross Acreage: Prop. Square Footage: Proposed Use: 1 of 4 updalod 11l2021 Is property owned individually, by a corporation, association, or a joint venture? AUTHORIZED REPRESENTATIVE I/we are fully aware of the request being made to the City of Dania Beach. If I/We are unable to be present, I/we hereby authorize (individual/firm) to represent me/us in all matters related to this application. I/we hereby acknowledge that the applicable fee was established to offset administrative costs and is not refundable. I/we are fully aware that all approvals automatically expire within 12 months of City of Dania Beach Planning and Zoning Board or City Commission approval, or pursuant to the expiration timeframe listed in Part G of the Dania Beach Land Development Code. STATE OF FLORIDA COUNTY OF BROWARD B The foregoing instrument ( awner gent signature*) Was acknowledged BEFORE ME THIS ri DAY OF !10 4m Y,- , 20_14— By: 64 (Print name of/3"n Notary (Signati#e of Notary Personally known owledging) (Joint owner signature if applicable) — State of or Produced Identification Type of identification produced: {:x+ P ISEL LAWS IBhRMIN Notary Public 6tate of Florida " jg Commission ri8117065 'k�'}'oF n My Comm. Exp+res A7r 13. 2425 dgnded through Nation. Notary Asir. or Drivers License *If joint ownership, both parries must sign. If partnership, corporation or association, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the application if an authorized agent signs for the owner(s), NO APPLICATION WILL BEAUTOMATICALLYSCHEQULEU FORA MEETING. ALL APPLICATIONS MUST BE DETERMINED COMPLETE BY STAFF BEFORE PROCESSING OCCURS, 2of4 Updated 1112021 SunSent V) inel ,Mo FORUM Pl1 HLTSIAiWO GR01` Order ID: 7074817 GROSS PRICIF ° : $265.20 PACKAGE NAME: SSC Notice of Public Meeting NO77CE OF VIIffUAL PU13LIC FRAMING cnryoF DAmm akACH, IFLoRIDA. R virtual. Public Hearingwill be c6ndttcted b1the Cftyi#DanN Beach Planning & zoning Board on'the.fbIId ring datd tD panslder.the following application: DA-M, Wednesday, November I7, 2021 TIME,7t70 tx:m. or as snort thereafter as fire same may be heard PI. cC Planning' 0 zoning soars virtual rvtmng PleasbAsit wwwdaniabeachfigovNulrtualmeeNn�sfor defailed Instructions anti the specific requVements.for pard0foung in the CKYsvim 61 east, judicial land use meetings, 5t181i~CT:TX-065-20R:7he applicant, city of Dania. seach, is requesdng a wxt amendment and map aFnendMot to the city's unified Land Development code to make the tree pro- teCtion overlay regulation aihd'dlstriet pe'►rmanent for trees in the general vicinity of.the resfdentlal lots on SW S61errace, sW 37 Avenue and sw 37 Terrace, ThO f0llowingisthe proposed Ardinance forthemattak AN ORDINANCE CFTIJE CITY COMMISSION OFTHE CITY OF DANIAl SEACH,.FLORIDA, AooPnNGARTicu 826 ENTITLED"OAK R WIMOCKTREE PROtIldION OVERLAY" UNDER TH6 C ITY's LAND r]E1(lE;LOPMFNT CODE. (L1;c} DF tHF-.CITY OF DANIA 13ULC:H j--ODETQ RFCOME A PM MANFNT ORDINANGF, PROVIDING FOR CONFLIM, PROVIDING FOR $F%L FRAABILI'M FU11THEnR, PRAVIOING. FOR AN EFFEGTIVF WE, Copies of the proposed requests nr applicable fnformadon are wadable on lisle. For meta inforrnadart,'please Carl the Plan ft DIVlsl(1I1 at (984) 924468o5 bit.3704 and staff Will direct you to the on-line project l6f6rrrlaHaii. Please. be advised that if a person decides to appeOl anydeclsinn made by Racal Plan- nlrt9A,9ency the PjaNnirig and Zoning Board or the Clay Cgmrriissiori with respect to,any matter considered at this hearing, such person will need a verbatim record of the, reedings acid for th15 purpose such person may need 6 ensure that tr verbatim} record of the.proceedings Is made, which record Iricludes the wstirraany apt evidence upon whicti fhe aQpeal is the based. The city'does'hot provide or prepare such record pursuant to F a. in accordance with the Amerlcans.witih DisabiliUes Ac, , persons needing assdsranoe to part is ilpaba in any of t iese pntceedings Mould Contact the city clOVA a"ff M la(] mst: Dania Beach 13011102M, Dania Beach, Florida 83064; 054) 924 000 Ext 3624, at Ieast 49 hours prier t-o the rndt?tirtg, Application in Appll.Cadt]n Site: 5W 36 TMrMCP, SW 37 Avenue; land 5W 37 Terrace: pro]a6i: `b 'request alectext amendment to ttye city"s Unified nand OUvelopment code'to crea6e-tree prodon nveriay rmlation and dlstrint permanent for trees In the general viclrhtty. . A0p1cp110n;7bXt amendment Applicant: Crty;af Danla g0kh , Hearing Date &Time. November.-172021 at 720 PM > tearli> Lncstion, Planning 9 Zdhll;g noard.virtwal Meeting; Please visit for detailed Instructions and -die spe- cific repirQments for pardc[pating. [Ih. tha C[t,(s virtual quasi -Judicial land use meetings, Contact rnfoi•mdtioO.- cmrinne LajoIR Assitant Director, (954) 924-6005 Ext. 3704 11l112)21 7074817 Printed: 10/28/2021 8:58:08 AM Page 3 of 3 " Agency Commission not included 0 � � o � c cD cD E2 o =1 Q. � 'i m m 0 m S z Lo Z F N K Z L< 1*3 A Q 4��L' > y A CD � 0 Z z r L mmm 14 AIN FOREST VIEW ESTATES HOA OVAKNIN,GILAD LEVONTIN,LOIS H/E 2645 NE 207 ST 3565 FOREST VIEW CIR 3563 FOREST VIEW CIR AVENTURA FL 33180 FORT LAUDERDALE FL 33312 FORT LAUDERDALE FL 33312 SAMUE=L,ROBERT THOMAS,GREGORY SNYDER,JENNIFER SHAW 3561 FOREST VIEW CIR PO BOX 41303 3557 FOREST VIEW Cl R FORT LAUDERDALE FL 33312 DEERFIELD BEACH FL 33442 FORT LAUDERDALE FL 33312 ZVIDA,RAMI ARONIN,MARK & ALIZA FOREST VIEW ESTATES LLC 3551 FOREST VIEW CIR 3549 FOREST VIEW CIR 2645 NE 207 ST FORT LAUDERDALE FL 33312 FORT LAUDERDALE FL 33312 AVENTURA FL 33190 FOREST VIEW ESTATES LLC FOREST VIEW ESTATES LLC FOREST VIEW ESTATES LLC 2645 NE 207 ST 2645 NE 207ST 2645 NE 207 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