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HomeMy WebLinkAboutOrdinance_531_04/09/1998ORDINANCE No. 531 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 355, AS AMENDED, THE • OFFICIAL ZONING ORDINANCE OF THE VILLAGE OF TEQUESTA; BY AMENDING APPENDIX A, ZONING, AT SECTION X, BY ADDING A NEW PROVISION ENTITLED, "WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS"; PROVIDING DEFINITIONS; PROVIDING FOR PERMITTED LOCATIONS; PROVIDING FOR PERMITTED USES, ACCESSORY USES, AND SPECIAL EXCEPTION USES; PROVIDING FOR PERMITS AND LEASE AGREEMENTS; PROVIDING A PENALTY FOR A VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village of Tequesta has received or expects to receive requests to site wireless communications towers and antennas within the municipal boundaries; and WHEREAS, the Village of Tequesta finds that it is in the public interest to permit the siting of wireless communications towers and antennas within the municipal boundaries, and WHEREAS, it is the intent of the Village of Tequesta to permit the siting of wireless communications towers and antennas within the municipal boundaries; and WHEREAS, it is the intent of the Village of Tequesta to protect and promote the public health, safety and welfare by regulating the siting of wireless communications towers and antennas; and WHEREAS, after public hearing pursuant to notice as required by law, the Village of Tequesta does hereby find, determine, and declare that the public health, safety, morals, and general welfare of the citizens of the Village of Tequesta require that the aforesaid Zoning Ordinance No. 355, as amended, be further amended as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA: Section 1: Section X, of the aforesaid Ordinance titled "SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS" is hereby amended by adding a new Subsection (A)(1)(f) "WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS" to read as follows: • 1 (f) WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS. Purpose. The purpose of this ordinance is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this ordinance are to: • (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Village of Tequesta shall give due consideration to the Village's Comprehensive Plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. (A) Definitions. As used in this ordinance, the following terms shall have the meanings set forth • below: (1) "Alternative tower structure" means man-made trees, clock towers, bell steeples, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. (2) "Antenna" means any exterior stealth designed device used for transmitting and receiving, mounted on a tower, alternative tower structure, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. This definition does not include Over-the-Air Reception Devices which deliver Television Broadcast Signals, Direct Broadcast Signals, Direct Broadcast Satellite Services or Multichannel Multi-point Distribution Services, as defined and regulated by 47 C.F.R. Statute 1.4000, as amended. (3) "Backhaul network" means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long • distance providers, or the public switched telephone network. 2 (4) "Engineer" means a registered engineer licensed in the State of Florida to provide any information of an engineering nature whether civil, electrical or mechanical. • (5) "FAA" means the Federal Aviation Administration. (6) "FCC" means the Federal Communications Commission. (7) "Height" means, when referring to a tower or other structure, the distance measured from the zero datum of the lot, as defined in the Zoning Ordinance, to the highest point on the tower or other structure, including any antenna. (8) "Preexisting towers and preexisting antennas" means any tower or antenna for which a building permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. (9) "Stealth design" means a method that would hide or conceal an antenna, supporting electrical or mechanical equipment, or any other support structure that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. • (10) "Tower" means any ground mounted structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including selfsupporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. (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). (2) Pre-existing 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 (C) General Requirements. (1) Permitted or Special Exception Use. Antennas and towers shall be either a permitted use on Village owned property in the commercial zoning districts • of the Village or a special exception use on other properties located within theVillage's commercial zoning districts. Antennas and towers are prohibited within the residentially zoned areas of the Village, as well as the Mixed-Use Zoning District. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. (2) Inventory of Existin Sg ites. Each applicant for an antenna and/or tower shall provide to the Building Official an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Village of Tequesta or within one mile of the border thereof, including specific information about the location, height, and design of each tower. (3) Aesthetics. Towers and antennas shall meet the following requirements: (a) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a color so as to reduce visual obtrusiveness. (b) At a tower or antenna site, the design of the buildings and related structures shall, to the maximum extent possible, use materials, . colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. Said towers, antennas, buildings and related structures shall be required to be approved by the Community Appearance Board and Village Council, whichever is applicable. (c) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be, to the maximum extent possible, of stealth design. (4) Li~htin~Towers/antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. (5) State or Federal Requirements. All towers/antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers . and antennas into compliance with such revised standards and regulations 4 within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. (6) Building Codes; Safety Standards. Prior to the issuance of a building permit to construct an antenna or tower, the owner/applicant shall provide the Village with all applicable approvals from Federal, State and County agencies. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Village Building Official or his/her designee concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna (7) Measurement. Measurement of tower setbacks and separation distances shall be calculated and applied in relation to all adjacent facilities whether located inside or outside the boundaries of the Village of • (8) Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this ordinance and shall not be regulated or permitted as essential services, public utilities or private utilities. (9) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Village of Tequesta have been obtained and shall file a copy of all required franchises with the Building Official. ( 10) S_ igns. No signs shall be allowed on an antenna or tower. (11) Multiple Antenna/Tower Plan. So as to lessen proliferation, the Village of Tequesta encourages the users of towers and antennas to submit a single application for approval of multiple users on a single site. Applications for approval of multiple user sites shall be given priority in the review process. • 5 (D) Permitted Uses. (1) General. The uses listed in this Section are deemed to be permitted uses and shall not require Special Exception approval. (a) Antennas or towers located on property owned or leased by the Village of Tequesta within the Commercial Zoning District of the Village are a permitted use provided the following: (i) That a license or lease authorizing an antenna or tower has been approved by the Village Council. (ii) That the antenna or tower otherwise meet all regulations of the Village relating to setbacks, height, lot coverage, landscaped openspace, and other such regulations. (iii) That prior to the granting of a building permit for the construction of a tower, a duly noticed and advertised public hearing shall be required by the Village Council. Such due notice and advertisement of said public hearing shall be provided as in Subsection (J)(8)(d) & (e) of Section (X) of the Zoning Ordinance, except that property owner notification shall be to all property owners within one thousand (1,000) feet from any part of the subject property on which the tower is located upon. These notice and public hearing requirements shall not pertain to the placement of antennas. (iv) This Section does not permit the placement of towers or antennas by the Lessee on property leased from the Village. (E) Special Exception Uses. (1) General. The following provisions shall govern the review and approval of Special Exception applications for towers or antennas by the Village Council: (a) Towers and antennas shall, in addition to the criteria set forth herein, otherwise meet all regulations of the Village relating to setbacks, height, lot coverage, landscaped openspace, and other such regulations pertaining to the district in which the tower or antenna is located. (b) If the tower or antenna is not a permitted use, then Special Exception approval for towers and antennas shall be allowed for the construction of a tower or the placement of an antenna only in the commercial zoning districts of the Village for purposes of this Ordinance the Mixed-Use Zoning District of the Village shall be considered residential. (c) Applications for Special Exception approval under this Section shall • be subject to the procedures and requirements of Subsection (J) of Section X of the Zoning Ordinance, except as modified in this Section. 6 (d) In granting a special exception approval, the Village Council may impose conditions to the extent the Village Council concludes such conditions are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties. • (e) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a Florida licensed professional engineer. (f) An applicant for a Special Exception use shall submit the information described in this Section and anon-refundable fee as established in the fee schedule (Chapter 16 of the Code of Ordinances) to reimburse Village for the costs of reviewing and providing legal notice for the application. (2) Towers/Antennas. a) Information required. In addition to any information required for applications for Special Exception use approval pursuant to Subsection (J) of Section X of the Zoning Ordinance, applicants for a Special Exception for atower/antenna shall submit the following information: (i) A scaled site plan clearly indicating the location, type • and height of the proposed tower/antenna, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities or unincorporated areas), Comprehensive Plan future land use designation of the site and all properties within the applicable separation distances set forth in Section (E)(2)(e), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower/antenna and any other structures, topography, parking, and other information deemed by the Building Official to be necessary to assess compliance with this ordinance. (ii) Legal description of the parent tract and leased parcel (if applicable). (iii) The setback distance between the proposed tower/antenna and the nearest residential unit, platted residentially zoned properties, and unplatted • residentially zoned properties. 7 (iv) The separation distance from other towers/antennas described in the inventory of existing sites submitted pursuant to Section (C)(2) shall be shown on an updated site plan or map. The applicant shall also . identify the type of construction of the existing tower(s)/antenna(s) and the owner/operator of the existing tower(s), if known. (v) A landscape plan showing specific landscape materials. (vi) Method of providing security enclosure and finished color and, if applicable, the method of providing stealth design and illumination. (vii) A description of compliance with all applicable federal, state or local laws including all provisions within this Zoning Ordinance. (viii) A notarized statement by the applicant's engineer as to whether construction of the tower will accommodate collocation of additional antennas for future users. (ix) Identification of the entities providing the backhaul • network for the tower(s)/antenna(s) described in the application and other cellular sites owned or operated by the applicant in the Village. (x) A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower. (xi) A description of the feasible location(s) of future towers or antennas within the Village of Tequesta based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is erected. ;~ 8 (b) Factors Considered in granting Special Exception approval for Towers and/or Antennas. In addition to any standards for consideration of Special Exception applications pursuant to Subsection (J) of Article X of the Zoning Ordinance, the Village Council shall consider the following factors in determining whether to approve a Special Exception: (i) Height of the proposed tower/antenna; (ii) Proximity of the tower/antenna to residential structures and residential district boundaries; (iii) Nature of uses on adjacent and nearby properties; (iv) Surrounding topography; (v) Surrounding tree coverage and foliage; (vi) Design of the tower/antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; (vii) Proposed ingress and egress; and (viii) Availability of suitable existing towers, antennas, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section (E)(2)(c) of this Ordinance. (c) Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Village Council that no reasonable alternative technology exists that can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Village Council related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following: (i) No existing towers or structures are located within the geographic area which meet applicant's engineering requirements. • 9 (ii) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. • (iii) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. (iv) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. (v) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. (~) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. (~i) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. (d) Setbacks. The following setback requirements shall apply to all towers for which a Special Exception is required: (i) Towers must be set back a distance equal to at least one hundred ten percent (110%) of the height of the tower from any adjoining commercially zoned property lot line. (ii) Towers must be set back a distance equal to at least one hundred thirty percent (130%) of the height of the tower from any adjoining residentially zoned property lot line. • 10 (iii) Guys and accessory buildings must satisfy the minimum zoning district setback requirements. • (e) Separation. The following separation requirements shall apply to all towers for which a Special Exception approval is required: (I) Separation distances between towers. (a) Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 1. Table 1: Existing Towers -Types • Lattice Guyed Monopole 75 Monopole Ft. in Height Less Than 75 or Greater Ft. in Height Lattice 5,000 5,000 1,500 750 Guyed 5,000 5,000 1,500 750 Monopole 75 Ft. in Height or Greater 1,500 1,500 1,500 750 Monopole Less Than 75 Ft. in Height 750 750 750 750 (f) Security Enclosure. Towers shall be enclosed with a security enclosure not less than six feet in height and said towers shall also be equipped with an appropriate anti-climbing device. The use of barbed and/or razor wire shall be prohibited. 11 (g) Landscaping. The following requirements shall govern the landscaping surrounding towers for which a Special Exception is required: (i) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound. The minimum landscaping within said buffer shall be a continuous four (4) foot high hedge at the time of planting and an ultimate height of six (6) feet, and one tree, twelve (12) foot in height at the time of planting, every twenty-five (25) lineal feet. (ii) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter maybe suftlcient buffer. (F) Buildings or Other Equipment Storage. . (1) Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following: (a) The cabinet or structure shall not contain more than three hundred fifty (350) square feet of gross floor area or be more than ten (10) feet in overall height, assuming at all times that a structural engineer has declared that the structural integrity of the structure or rooftop will not be compromised by the cabinet or structure. (b) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than ten (10) percent of the roof area. (c) Equipment storage buildings or cabinets shall comply with all applicable building codes. (2) Antennas Mounted on Utility Poles or Light Poles. Antennas shall be prohibited on utility or light poles. (3) Antennas Located on Towers. The related unmanned equipment structure shall • not contain more than three hundred fifty (350) square feet of gross 12 floor area or be more than twelve (12) feet in overall height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located. • (G) Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of two (2) years shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the Village of Tequesta notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. (H) Nonconforming Uses. (1) No Expansion of Nonconformin~Towers that are constructed, and antennas that are installed, in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure. (2) Preexisting towers. Preexisting towers shall be allowed to continue their • usage as they presently exist pursuant to Section XIV of the Zoning Ordinance. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this ordinance. (3) Rebuilding Damaged or Destroved Nonconforming Towers or Antennas. Nonconforming tower and antennas that are damaged or destroyed shall be required to meet the requirements as set forth in Section XIV, "NONCONFORMING USES" in the Zoning Ordinance. Section 2 . SeverabiGty 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 application, and to this end the provisions of this ordinance are hereby declared severable. 13 Section 3. Repeal of Ordinances in Conflict. • • All other ordinances of the Village of Tequesta, Florida, or portions thereof which conflict with this or any part of this ordinance are hereby repealed. Section 4 . Codification This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 5. Effective Date This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember Hansen, who moved its adoption. The Ordinance was seconded by Councilmember Cameron, and upon being put to a vote, the vote was as follows: FOR ADOPTION Alexander W. Cameron Joseph N. Capretta Carl C. Hansen Ron T. Mackail Elizabeth A. Schauer AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this 9th day of April, 1998. MAY OF TEQUESTA ~~ `~-~'L.~ ATTEST: illage Clerk 14