HomeMy WebLinkAboutOrdinance_558_05/10/2001
ORDINANCE NO. 558
AN ORDINANCE OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 355, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE
VILLAGE AT SECTION X, SUPPLEMENTAL
REGULATIONS, AT PARAGRAPH (f) RELATING
TO WIRELESS TELECOMMUNICATION TOWERS
AND ANTENNAS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
•
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Ordinance No. 355, as amended, the
Comprehensive Zoning Ordinance of the Village of
Tequesta, is hereby amended at Section X, Supplemental
Regulations Applying to a Specific, to Several or to
all Districts, is hereby amended at paragraph
(A) (1) (f) (B) to read as follows:
SECTION X, SUPPLEMENTAL REGULATIONS APPLYING TO A
SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS
(A) General Provisions.
(1) Miscellaneous structures :....
(f) Wireless telecommunication towers and
antennas
(A) Definitions ....
(B) Applicability.
(1) New towers and antennas. All new
towers or antennas in the Village
of Tequesta shall be subject to
these regulations, except as
provided in section (B) (2) and
(3)
• (2) Preexisting towers or antennas.
Preexisting towers and preexisting
antennas shall not be required to
•
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Village of Tequesta,
Florida, or parts thereof which conflict with
this or any part of this Ordinance are hereby
repealed.
(3) Antennas operated and controlled
by the Village of Tequesta.
Antennas operated and controlled
by the Village of Tequesta, the
location of which is approved by
the Village Council shall not be
required to meet the requirements
of this ordinance.
Section 2. Severability. If any provision of
this Ordinance or the application thereof is held
invalid, such invalidity shall not affect the
other provisions or applications of this
Ordinance which can be given effect without the
invalid provisions or applications, and to this
end, the provisions of this Ordinance are hereby
declared severable.
Section 4. Codification. This Ordinance
be
of
codified and made a part of the official
Ordinances of the Village of Tequesta.
Section 5.
take effect
approval, as
meet the requirements of this
ordinance, other than the
requirements of sections (C)(5)
and ( 6) .
shall
Code
Effective Date. This Ordinance shall
immediately upon its passage and
provided by law.
THE FOREGOING ORDINANCE was offered by Councilmember
vin Frank who moved its adoption. The
Ordinance was seconded by Councilmember
Walker and upon being put to a
vote, the vote was as follows:
•
• l
~ FOR ADOPTION AGAINST ADOPTION
•
C;era1 di ne A _ C;enc-n
Joseph N. Capretta
Basil E, Dalack
Russell von Frank
Sharon Walker
The Mayor thereupon declared the Ordinance duly passed
and adopted this 10th day of May, A.D, 2001.
ATTEST:
MAYOR OF TEQUESTA
,(/~~
Geraldine A. Ge>'i~~
~l-L C.~~
Betty Laur
Acting Village Clerk
Word/Ordinances/Amend Ord. 355 Telecomm.
• i
ToNEs
FOSTER
HNSTON
S'I'CJBBS, P.A.
Attoimeys and Counselors
John C. Randolph, Esq.
Direct Dial: (561) 650-0458
E-mail: Lrandolah~a,iones-foster.com
March 22, 2001
Mr. Michael R Couzzo, Jr.
Village Manager
Village of Tequesta
Post Office Box 3273
4^
RE: Village of Tequesta
Rooftop Lease Agreement
Our File No. 13153.1
• Dear Mike:
Flagler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach, Florida 33401
Telephone (561) 659-3000
VIA FAX: 575-6203
Mailing Address
Post Office Box 3475
West Palm Beach, Florida 33402-3475
Facsimile (561) 832-1454
Pursuant to the request of Chief Allison I prepared a rooftop lease agreement between the Village
and Ocean Towers South Condominium Apartments for placement by the Village of a police
communications antenna and related equipment on the roof of the condominium. That agreement
the subject of Resolution No. 28-00/O1, a resolution approving the lease agreement, which
resolution was deferred from the March meeting of the Village Council and, as I understand it, will
be placed before the Council for consideration at its next scheduled meeting.
Pursuant to Village Code at Section X(A)(b)3, offsite locations of antennas are prohibited except for
antennas which are owned and operated by a governmental agency and subject to Village Council
app; oval. Therefore, in order for this lease to be approve.', t'Le Village Council is required to
approve the offsite location of the antenna.
Because the proposed offsite location is within a residentially zoned district within the Village, I
call your attention to subsection (f) of Section X which deals with wireless telecommunication
towers and antennas. That section provides that wireless communication towers and antennas are
prohibited within the residentially zoned areas of the Village. In addition, there are several other
requirements relating to same. It is my opinion that subsection (f), relating to wireless
telecommunication towers and antennas, was not intended to regulate a police communications
• antenna of the type and nature which is the subject of the lease which you desire to have appro~~ed
by the Village Council. However, from a strictly technical standpoint, the antenna the Village
wishes to install on the condominium within the residential district does meet the definition of
• Mr. Michael R. Couzzo, Jr.
March 22, 2001
Page 2
antenna within subsection (f). Therefore, if the Village wishes to approve this lease, in order to be
strictly inconformity with the code, the Village Council may wish to consider an amendment to the
ordinance to allow the Village Council to be exempt from the provisions of subsection (f) for
governmental operations of the Village. Toward that end, I would recommend the following
amendment:
(f) Wireless telecommunication towers and antennas.
rR) ~ ~~~ inability.
(1) New towers and antennas. All new towers or antennas m the
Village of Tequesta shall be subject to these regulations,
except as provided in section (B)(2) and 3 .
• (2) Preexisting towers or antennas. Preexisting towers and
preexisting antennas shall not be required to meet the
requirements of this ordinance, other than the requirements of
sections (C)(5) and (6).
3~ Antennas operated and controlled by the Village of Teauesta.
Antennas operated and controlled by the Village of Teauesta,
the location of which is approved by the Village Council,
shall not be required to meet the requirements of this
ordi~ce.
Please call me if you have any questions.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
J C. Randolph
• JCR/ssm
Enclosure
cc: Stephen J. Allison, Chief of Police