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HomeMy WebLinkAboutOrdinance_14-12_11/08/2012 ORDINANCE NO. 14-12 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ARTICLE IX. SUPLEMENTAL REGULATIONS. AT DIVISION 1. GENERALLY. BY UPDATING THIS DIVISION TO ADD REGULATIONS REGARDING FINISHED FLOOR ELEVATION, THE USE OF ENERGY SAVINGS DEVICES, HOME OCCUPATIONS, MANUFACTURED HOUSING AND THE PLACEMENT AND SCREENING OF EMERGENCY GENERATORS AND OTHER MECHANICAL EQUIPMENT, AND BY REMOVING REFERENCES TO BROADCAST AND RECEIVING ANTENNA REGULATIONS AND SATELLITE DISH REGULATIONS FOR RE- LOCATION IN DIVISION 5; FURTHER AMENDING CHAPTER 78. ZONING. ARTICLE IX. SUPLEMENTAL REGULATIONS. AT DIVISION 5. WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS. BY UPDATING THIS DIVISION TO RE- LOCATE CERTAIN REGULATIONS REGARDING BROADCAST AND RECEIVING ANTENNA AND SATELLITE DISHES FROM DIVISION 1 TO DIVISION 5, BY REVISING THIS DIVISION TO CORRECT CERTAIN INTERNAL INCONSISTENCIES, AND BY RE- NAMING THIS DIVISION ACCORDINGLY; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- SECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta, Florida, desires to amend Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 1. Generally, by updating this division to add regulations regarding finished floor elevation, the use of energy savings devices, home occupations, manufactured housing and the placement and screening of emergency generators and other mechanical equipment, and by removing references to broadcast and receiving antenna regulations and satellite dish regulations for re- location in Division 5; and WHEREAS, the Village Council of the Village of Tequesta, Florida, desires to amend Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 5. Wireless Telecommunication Towers and Antennas. by updating this division to re- locate certain regulations regarding broadcast and receiving antenna and satellite dishes from Division 1 to 1 Division 5; by revising this division to correct certain internal inconsistencies, and by re- naming this division accordingly; and WHEREAS, the Village Council believes this amendment to its Code of Ordinances is in the best interests of the citizens of the Village of Tequesta NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 1. Generally. of the Code of Ordinances of the Village of Tequesta is hereby amended by updating this division to add regulations regarding finished floor elevation, the use of energy savings devices, home occupations, manufactured housing and the placement and screening of emergency generators and other mechanical equipment, and by removing references to broadcast and receiving antenna regulations and satellite dish regulations for re- location in Division 5; providing that Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 1. Generally. shall hereafter read as follows: ARTICLE IX. SUPLEMENTAL REGULATIONS DIVISION 1. - GENERALLY Sec. 78 -281. - Applicability. Sec. 78 -282. - Structures exempt from height limitations. Sec. 78 -283. — Finish floor elevation regulations Sec. 78 -284. - Walls and fences. Sec. 78 -285. — Clotheslines and other energy saving devices based on renewable resources. Sec. 78 -286. - Stands for commercial purposes in park are Sec. 78 -287. - Coastal construction. Sec. 78 -288. - Recreation space. Sec. 78 -289. - Location of accessory buildings. Sec. 78 -290. - Commercial activity in noncommercial districts. Sec. 78 -291. - Timeshare uses. Sec. 78 -292. - Manufactured housing. Sec. 78 -293. - Health care facilities and professional medical or dental offices. 2 Sec. 78 -294. - Nuisances. Sec. 78 -295. - Unenclosed uses in commercial districts; awnings and other projections over sidewalk or required yard area. Sec. 78 -296. - Full- service fuel stations or gas stations. Sec. 78 -297. - Automotive repair establishments. Sec. 78 -298. - Establishments selling intoxicating beverages. Sec. 78 -299. – Location and screening of emergency generators. air conditioners. Pool equipment and similar mechanical egui went sees. Sec. 78 -300. - Location and screening of f dumpsters. Sec. 78 -301. - Recyclable materials facilities for multifamily dwelling units. Sec. 78 -302. - Underground , utility service. Sec. 78 -303. - Visibility triangles. Sec. 78 -304. - LP tank sales. Secs. 78- 305 -78 -330. - Reserved. Sec. 78 -281. - Applicability. The district regulations of this chapter shall be subject to the provisions and exemptions in this article. Sec. 78 -282. - Structures exempt from height limitations. Chimneys, water tanks, elevator lofts, church spires, flagpoles, parapet walls and turrets may, at the discretion of the village council ex=ised during site Plan review. be erected above the height limits established by this chapter. Sec. 78 -283. – Finish floor elevation regulations Leaden antennas (a) The minimum lowest floor elevation for all new construction and substantial improvements to existing structures not located in a special flood hazard am shall be 18 inches above the crown of the adiacent roadway. (b) The minimum lowest floor elevation for all new construction and substantial ents to existing structures that are located in a special flood hazard area shall be pursuant to the provisions of Chanter 78, Article XII Flood Damage Prevention. c) The floor elevation for any repair, reconstruction. rehabilitation. addition or other improvement to a structure which is not a substantial improvement shall match the floor levation of the existing structure. 3 d) Nothing contained in this section is intended to abrogate any requirements of Article XII Flood DaMagg Prevention. To the extent that there are conflicting a licable requirements contained therei% the more restrictive shall abnly. shall be as follows- (2) Reef fnew"d antenam of my "e sMI not emeeed 20 fi*t above *e feeflim of any on site building whieh may be leeaW open the pmfieWar- pfeper4y or- par-eel of land. (Gevemmefvt f6eilifies afe exempt from this pfevision subjeet to (3) Off ssite leeafions of . gaidless of e, size, plaeefaent or- seetien 78 222, mith the emeeption of satellite antemias 18 inehes or- less in , wWeh shall be exempt &om this seetion, pfeN4diag dmt sueh satellite antema is Sec. 78-284. - Walls and fences. (a) Walls and fences may be erected or maintained within or adjacent to a property line to a height not exceeding six feet. No wall or fence shall be permitted to extend forward of the adjacent or nearest portion of the building front, regardless of the actual, allowed building setback line, on any lot or parcel (see Fig. a), except for lots or parcels located along and fronting upon County Club Drive, where walls not exceeding five feet in height may be located forward of the front building line. Fences associated only with accessory structures may be permitted if such fences are screened from public view with a hedge of not less than six feet in height nor more than eight feet in height. However, if a wall, fence, or living hedge is erected or located on a corner lot or a double frontage lot, a vehicular and pedestrian visibility triangle of a size and dimension which complies with the current traffic engineering standards of the American Association of State Highway and Transportation Officials (AASHTO) and the county shall be provided for in both directions from the intersecting point of property lines. The maximum height of any wall, fence or hedge within the visibility triangle as defined at Sec. 7$ -303, shall be two and one -half feet. (b) Notwithstanding the above, entry features consisting of masonry columns not exceeding six feet in height, with or without gates, are not deemed to be walls or fences and are specifically allowed in the R -IA and R -1 zoning districts and in the residential areas within a mixed use development located in the MU zoning district. Such entry 4 features must be compatible with the architecture of the residence and the streetscape, must be set back a minimum of ten feet from the edge of the road pavement or the lot side of any sidewalk, must provide a minimum clear width of 12 feet for access by emergency vehicles, and shall not be located in the village right -of -way. Gates, if any, must swing inward or slide to the side to prevent obstructions to the roadway or sidewalk. A building permit and approval by the planning and zoning board in accordance with these regulations is required prior to the commencement of construction. Figure a. Sec. 78 -285. — Clotheslines and other e W devices baud on renewable resources All clotheslines solar collectors or other tMs of energy saving devices based on renewabIg resources shall be installed in locations which shall not be conspicuous from the public streets or from adjoining properties. Patio or porch railings may not be used as clotheslines. Clotheslines extending from second or higher floors of buildings are prohibited unless such clotheslines are properly screened from the public streets and from adjoining property. Fences or walls for the enclosure of clothes drying areas oro—Ow energy saving devices may be erected to a maximum height of six feet six-inehes; provided., however, such construction is approved in advance by the appropriate authorities as to location on the property, the size of the area to be enclosed, and the height of the fence or wall. 5 Sec. 78 -286. - Stands for commercial purposes in park areas. Individual stands or open counters for the serving of food or beverages or other commercial purposes may be erected or permitted in landscaped public park areas after approval by the village council. Such stands or open counters used in association with Village-sponsored events such as Crreen Market or Teauesta Fest shall be approved through the narks and recreation been issued. Sec. 78 -287. - Coastal construction. Construction in coastal areas of the village must comply with all of the apnl provisions of the flood damage prevention code of the village set forth in article XII, &4sien -2 of this chapter and any applicable coastal construction controls or regulations as established by the state, and the construction control line established by the state bureau of beaches and shores, which ordinance or its successor shall prevail in the absence of a conflicting village ordinance. Sec. 78 -288. - Recreation space. In multiple residential developments where eight or more dwelling units are in one or more structures under single ownership, there shall be provided recreation space and/or facilities at the rate of 150 square feet per dwelling unit. Such required space may be either within the principal structure, in an accessory structure, outside, or in any combination thereof. Sec. 78 -289. - Location of accessory buildings. (a) No accessory c e building, except as otherwise provided by this chapter, shall be located in the area between the front setback line of the rinci Al �we1 ling structure and the street line. (b) Where the accessory cture building is attached to the principal tore building or connected thereto by a breezeway, the side yard shall be measured from the outer wall thereof. Sec. 78 -290. - Commercial activity in noncommercial districts. No business or profession, professional or otherwise, shall be carried on in any noncommercial zoning district of the village. This restriction shall not be applicable to home occupations allowed pursuant to Division 7 of this Article. 6 Sec. 78 -291. - Timeshare uses. No timesharing uses of any nature as defined by this chapter shall be permitted anywhere within the village. Sec. 78 -292. - Manufactured housing. _anufactured housing mkt comely with the same aesthetic reauirements as anv other structure or building in any zoning district is pwhibited throughout the village. Sec. 78 -293. - Health care facilities and professional medical or dental offices. (a) Health care facilities and medical or dental offices shall be subject to the following regulations: On -site dispensing of controlled substances that are identified in Schedule II, III, IV of F.S. § 893.03, or controlled substances that are identified in F.S. § 893.035 or 893.0356, is strictly prohibited, unless otherwise expressly permitted by statutory or general law. However, the following are exempt from this prohibition: (1) A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session. (2) A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed by the state. (3) A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital. (4) A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16. (5) A health care practitioner when dispensing a one -time, 72 -hour emergency resupply of a controlled substance to a patient. (b) Additionally, the health care practitioner responsible for the operation or supervision of any medical or dental office shall execute an affidavit acknowledging the regulations set forth hereinabove prior to payment of the required business tax, and annually thereafter upon renewal of same prior to the issuance of a business tax receipt. Failure or refusal to execute the required affidavit shall constitute prima facie evidence that the subject medical or dental office is operating in violation of the code of ordinances, which may result in code enforcement action, revocation of business tax receipt, and/or any other actions permitted by law. Sec. 78 -294. - Nuisances. No use shall be made of any property within any mom' district that shall in any way be offensive or noxious by reason of the emission of any discharge, odor, gas, dust, smoke, 7 vibration or noise; nor shall any vehicle be parked or used in any way that would constitute a nuisance; nor shall anything be constructed or maintained that would in any way constitute a nuisance to adjacent property owners, residents or the community. Each use shall be operated so as to lessen the damage from fire and explosion. Sec. 78-295. - Unenclosed uses in commercial districts; awnings and other projections over sidewalk or required yard area. The following are conditions of operation for all permitted uses, accessory uses, and special exceptions in C -1, C -2, C -3, and the commercial portions of mixed use zoning districts: (1) Enclosure of uses. All commercial uses shall be operated entirely within enclosed buildings except for the following uses: a. Off - street loading; b. Automobile parking, and the fuel sales and dispensing facilities of full - service fuel stations or gas stations; C. Sidewalk cafes; d. Drive -in, drive- through, or walk -up service window facilities, i.e., laundry, dry cleaning, and banking facilities; e. Pre - bagged ice; f. LP tank sales, in accordance with the restrictions and requirements of section 78 -304 (2) Projections over sidewalk or required yard area Cornices, solid canopies, or architectural features may extend 48 inches over the sidewalk or required yard area, provided it shall have nine feet of vertical clearance between any solid construction and the sidewalk or yard. Marquees or canvas - covered fireproof canopies, no wider than entranceways, may be constructed over main entrances to theaters and places of public assembly, provided that no part shall be nearer than 18 inches to the face of the curb, and such installation shall have a minimum of nine feet of vertical clearance between any solid construction and the sidewalk. No projections shall be allowed in the required rear yard except open type fire escapes, and these must be provided with a counterbalanced bottom section to provide for nine feet of clearance when up. (3) Awnings. Awnings may be suspended over sidewalks or ways provided that they shall not project nearer than 18 inches to the face of the street curbline or more than eight feet from the exterior wall of the building, and such installation shall have at least seven feet six inches of vertical clearance between any solid construction and the sidewalk. The cloth front and side drops shall measure not less than six feet six inches from their lowest point to the sidewalk. 8 Sec. 78 -296. - Full- service fuel stations or gas stations. No full- service fuel station or gas station shall be erected within the village unless the station is located fronting along U.S. Highway 1 in the C -2 zoning district or is located within the C -3 zoning district. Sec. 78 -297. - Automotive repair establishments. (a) No automotive repair establishment shall be erected within the village unless the establishment is located within the C -3 zoning district. (b) The following regulations shall apply to all automotive repair establishments: (1) The use of full- service fuel stations or gas stations for the purpose of selling, renting or leasing of new or used motor vehicles, trailers or other recreational vehicles is prohibited. (2) All oil drainage pits, hydraulic lifts and mechanical repair work shall be located or conducted within an enclosed building or structure. (3) No body damaged vehicle or vehicle components of any kind or condition which are exposed to view from a public roadway shall be permitted. Sec. 78 -298. - Establishments selling intoxicating beverages. All places of business selling intoxicating liquors, wines and beverages for consumption on the premises shall not be located within a 1,000 -foot radius of any church, school or youth center. The 1,000 feet shall be measured in a straight line from main entrance door to main entrance door. Sec. 78 -299. — i.ncntion and scrmmz of eme generators, air conditioners, pool gt�uipm�nt and similar mechanical equipment Satellite television aMenna systems and stru etur-es. (a) Intent. The Puroose and intent of this section is to provide regulations for the location and screening of emergency generators, air conditioning equipment. _pool equipment and similar mechanical equipment for the enhancement of community amenities of beauty and visual interest and to protect Public health. safety and welfare by promoting noise control. This section does not apply to roof top mounted eauipment. (b) Applicability The regulations provided by this section shall apply within all residential zoning districts within the village, including the residential pordons of the mixed use zoning district on Pronerti�es having or using emergency generators. aix c nditioners Wool equipment or similar mechanical equipment Portable generators are not subiect to the Provisions of this section. (c) Regulations. 9 (1" 1. 1 111 "1 M/ /i / I I I 1 1 I VI tA / ! / 1;'Q1 U A 11" .�1 11 11 •.1 oll 111 1' "1 1111 1 i 1 12 gm Rl AM- pat IrAM RIM "OR f� 1 _ "1 1 f "t • ' I lF, i 11 1 /i-1 W I MP 11 1" 1 1 1 1 / t i." 1 1 .� 1 1 1 1" /!• 1 1 i A 1` 1 1 "I VASI Im-m-m-Awl �sf I atl Y. Sec. 7 8-300. - Location and screening of dumpsters. (a) Intent. The purpose and intent of this section is to provide regulations for the location and screening of dumpsters for the enhancement of community amenities of beauty and visual interest and to protect public health, safety and welfare by promoting refuse and litter control. (b) Applicability. The regulations provided by this section shall apply within all zoning districts within the village on properties having or using dumpsters for their sanitation service. Temporary dumpsters, such as those which are placed on job sites during construction activity, are not subject to the provisions of this section. (c) Regulations. (1) All dumpsters in the village shall be located on the property serviced so as to be reasonably accessible for trash collection by the sanitation vehicles, and shall not be located within the right -of -way of a public street or alley. (2) All dumpsters shall be screened from public view, from public streets, and from abutting properties. (3) Screening on three sides of the dumpster shall be erected with access to the dumpster on the fourth side being obtained by an approved opening. The sufficiency of the access of the dumpster shall meet the concurrence of the village and the franchised sanitation company. (4) Screening shall be opaque in nature and be constructed in conformity with material approved by the Florida Building Code. A permit must be obtained from the village building official prior to the commencement of construction. (5) The screening buffering of the dumpsters shall be of a material that blends in with the architecture of the building, when possible. All screening must be a minimum of four feet high. The height of the dumpster may not protrude above the screening. (6) All dumpsters must be placed on a hard surface, the minim dimensions of which shall be adequate for the size of the dumpster located there. Inadequate or nondurable pads shall be the responsibility of the property owner to repair or replace as needed. (7) If the property owner elects to place gates on the screened dumpster enclosure, the doors must be kept closed at all times except when the dumpster is being serviced. The doors must be kept in good repair at the expense of the owner. (8) The regulations in this section cover all existing and future development within the village. In the case of new development, the location of these dumpsters shall be shown on the approved site plan. (9) All existing nonconforming dumpsters in the village shall be in compliance with this section no later than 18 months from the date of the passage of Ordinance No. 361. 11 (10) Appeals of the decisions of the village staff concerning these matters may be implemented by the appeal process to the board of adjustment as described in this chapter. (d) Penalty. Any person violating the provisions of this section shall be subject to code enforcement, including the penalties provided at Chapter 2 Article IV. upm Sec. 78 -301. - Recyclable materials facilities for multifamily dwelling units. Recyclable material collection and storage areas shall be provided on -site at all multifamily developments with ten or more units, in accordance with the following requirements and/or standards: (1) General standards. Collection and storage facilities shall be in accordance with any specific requirements of the county solid waste authority, the village's franchise recycling service provider and these requirements and/or standards as set forth in this section. (2) Location. Recyclable material collection and storage areas shall be located within the building containing the multifamily dwelling units or within an accessory building such as a parking structure or within or adjacent to the disposable material dumpster area used by the residents. (3) Access. Access to recyclable material collection and storage areas shall be designed so as to not require unnecessary turning or backing movements by pickup and removal vehicles. (4) Setback The minimum setback for recyclable material collection and storage structures shall be as required for accessory buildings or structures as set forth in the zoning district schedule of site regulations in section 78 -143. (5) Screening. All recyclable material collection and storage areas shall be properly screened from view by a solid opaque enclosure constructed of brick, concrete, concrete block and stucco, or other decorative masonry or comparable wood, consistent with the architectural character or style of the development or principal buildings. If gates are used they shall meet the requirements of the village franchise service provider. All exterior sides of such enclosures, except the open end, shall be landscaped with minim 24 -inch high plant material spaced a maximum of 24 inches on center at time of planting. The type of plant material shall meet the requirements of the village's landscape code as set forth at article IX, division 4 of this chapter. (6) Storage area size The required collection and storage areas or structures shall be sized to properly handle the volume of recyclable materials anticipated to be generated by the multifamily development. (7) Alternative compliance. Applicants shall be entitled to demonstrate that recyclable material storage space needs can be effectively met through an alternative recyclable materials collection and storage plan. An alternative plan shall be reviewed by the solid 12 waste authority, the village's franchise service provider and the village, and, if approved, shall be substituted for a recyclable materials storage and collection plan meeting the express collection and storage area requirements and standards of this section. (8) Review of plans. Recyclable material collection and storage area plans shall be reviewed by the village as part of the site plan review process as set forth at article IX, division 2 of this chapter. (9) Retrofitting of existing multifamily developments. The retrofitting of existing multifamily buildings and developments to comply with the requirements and standards of this section shall be encouraged. In order to encourage retrofitting, existing multifamily buildings or developments may convert existing off - street parking spaces to accommodate a recyclable material storage structure meeting the requirements of this section and, additionally, in accordance with the following standards: a. Number of parking spaces to be converted The number of existing off - street parking spaces converted shall not exceed the minim number of collection and storage areas necessary to properly meet the anticipated recycling needs of the multifamily development. b. Automatic waiver. The conversion of existing off - street parking spaces to accommodate recyclable material collection and storage areas pursuant to the requirements and standards of this section shall be permitted by right, without resort to the board of adjustment. (10) Exemptions. Multifamily developments in existence at the date of the adoption of the ordinance from which this section is derived that receive curbside recyclable materials collection service on at least a weekly basis shall be exempt from the standards of this section. Sec. 78 -302. - Underground utility service. (a) All utility service lines within any zoning district of the village shall be placed underground within any zoning district of the village upon development of the property in question. This provision shall apply to all new construction as well as to any renovation, restoration or construction activity to an existing structure wherein the renovation, restoration or construction activity value is greater than 50 percent of the assessed value of the existing structure. (b) Compliance with the intent of this section shall be a prerequisite to the issuance of a building permit by the building official. Sec. 78 -303. - Visibility triangles. Visibility triangles of 25 feet in both directions from the point of intersecting lot lines shall be maintained at all intersections. Plantings shall not exceed two and one -half feet in height in a visibility triangle. 13 Sec. 78 -304. - LP tank sales. Businesses with addresses that front on U.S. #1; and all businesses within the C -3 zoning district shall be permitted to have outdoor LP tank sales under the following conditions: (1) Permit required. Outdoor LP tank sales must be permitted through the building department, in addition to the building official's approval, the community development director and the fire chief shall review and approve the application prior the issuance of any permit. (2) Permit renewal. All LP tank sale permits must be renewed on an annual basis in conjunction with payment of the business's annual business tax required by chapter 70, article II of the Tequesta Code of Ordinances. (3) Tax. All LP tank sales shall be subject to the public service gas tax as set forth at chapter 70, article IV, division 2 of the Tequesta Code of Ordinances. (4) All LP tank sale facilities shall comply with all applicable building and fire codes, as determined by the building official and the fire chief. Secs. 78- 305-78 -330. - Reserved. Section 2: Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 5. Wireless Telecommunication Towers and Antennas. of the Code of Ordinances of the Village of Tequesta is hereby amended by updating this division to re- locate certain regulations regarding broadcast and receiving antenna and satellite dishes from Division 1 to Division 5; further revising this division to correct certain internal inconsistencies, and by re- naming this division accordingly; providing that Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 5. Wireless Telecommunication Towers and Antennas. shall hereafter read as follows: ARTICLE IX. SUPLEMENTAL REGULATIONS DIVISION 5. - WIRELESS TELECOMMUNICATION TOWERS AND ANTENNASI AND SATELLITE DISHES Sec. 78 -441. - Purpose. Sec. 78 -442. - Definitions. Sec. 78 -443. - Applicability. Sec. 78 -444. - General requirements. Sec. 78 -445. - Permitted uses. Sec. 78 -446. - Special exception uses. Sec. 78 -447. - Equipment storage for antennas mounted on structures or rooftops. Sec. 78448. - Equipment storage for antennas located on towers. Sec. 78 -449. - Antennas mounted on utility poles or light poles prohibited. Sec. 78 -450. - Removal of abandoned antennas and towers. 14 Sec. 78 -451. - Nonconforming uses. Sec, 78-452..-. Satellite dish ,systems and structures. Secs. 78-45-2 453 -78 -480. - Reserved. Sec. 78 -441. - Purpose. The purpose of this division is to establish general guidelines for the siting wd construction of wireless communications towers satellite dishes and antennas. The goals of this division are to: (1) Protect residential areas and land uses from potential adverse impacts of towers,, satellite dishes and antennas; (2) Encourage the location of towers in nonresidential 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 minim (6) Encourage users of towers ._satellite dishes 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 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. Sec. 78 -442. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alternative tower structure means manmade trees, clock towers, bell steeples, and similar alternative - design mounting structures that camouflage or conceal the presence of antennas or towers. Antenna means any exterior stealth designed device used for transmitting and receiving, mounted in the ground, 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 multipoint distribution services, as defined and regulated by 47 CFR 1.4000, as amended. The definition also does not include satellite dishes as defined below. 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. 15 Engineer means a registered engineer licensed in the state to provide any information of an engineering nature, whether civil, electrical or mechanical. FAA means the Federal Aviation Administration. FCC means the Federal Communications Commission. Height, when referring to a tower or other structure, means the distance measured from the zero datum of the lot to the highest point on the tower or other structure, including any antenna. Preexisting tower and preexisting antenna mean any tower or antenna for which a building permit has been properly issued prior to the effective date of Ordinance No. 531, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Satellite dish means any parabolic or spherical antenna which receives television or other signals from orbiting swell ites. 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. 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 self - supporting 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. Sec. 78 -443. - Applicability. (a) New towers and antennas. All new towers or antennas in the village shall be subject to the regulations in this division, except as provided in subsections (b) and (c) of this section and section 78 -452 (b) Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this division, other than the requirements of section 78- 444(e) and (f). (c) Antennas operated and controlled by village. Antennas operated and controlled by the village or another governmental entity the leee on of whiek is and that are approved by the village council, shall not be required to meet the requirements of this division. Sec. 78 -444. - General requirements. (a) Permitted locations. lW 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 the village's commercial zoning districts. Q 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. 16 33) Off -site locations of any antenna. regardless of tune, size. Placement or method of attachment, shall be Prohibited. except for those antennas wh"-we Qmmd and operated by a governmental agency, approved by a governmental a gency, or operated for a governmental use, subject to village council approval. Atennas located on a tower shall not be considered to be at an off-site location. (b) Inventory of existing sites. 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 or within one mile of the border thereof, including specific information about the location, height, and design of each tower. (c) Aesthetics. Towers and antennas shall meet the following aesthetic requirements: (1) 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. (2) 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. The towers, antennas, buildings and related structures shall be required to be approved by the planning and zoning advisory appeaFmee board and/or thethe village council, as appropriate whiehevef �s appkeaMe- (3) 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) Landscaping The following requirements shall govern the landscaping surrounding towers and antennas: a. Tower and antenna facilities shall be lyd with a buffer of Plant materials that effectively screens the view of the compound from Properly used for residences. The standard buffer shall consist of a landscaped stria at least four feet wide outside the perimeter of the compound. The minimum landscaping within the buffer shall be a VDnfi four - foot- hig,h hedge at the time of planting and having ultimate height of six feet, and one tree. 12 feet in height at the time of anting. every 25 lineal feet b. 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 Pro_n_er_ty yrimeter may be a sufficient buffer. (d) Lighting. Towers and 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. (e) State or federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the 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 division shall bring such towers and antennas into compliance with such 17 revised standards and regulations within six 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. (f) Compliance with building codes and 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 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 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within 30 days shall constitute grounds for the removal of the tower or antenna. (g) Measurement and applicability of setbacks and separation distances. 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. (h) Towers and antennas not considered essential services. Towers and antennas shall be regulated and permitted pursuant to this division and shall not be regulated or permitted as essential services, public utilities or private utilities. (i) 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 have been obtained and shall file a copy of all required franchises with the building official. 0) Signs. No signs shall be allowed on an antenna or tower. (k) Multiple antenna/tower plan. So as to lessen proliferation, the village 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. (1) Security enclosure. Towers shall be enclosed with a security enclosure of less than six feet in heighL and towers shall also be equipped with an apnroyh= anti- climbing device. The use of barbed and/or razor wire shall be prohibited. (m) Antenna height. Antenna heights shall be as follows: (1) Ground - mounted antennas of any tune shall not exceed 40 feet above grade within any zoning district. CC overnment facilities are exempt from this provision subiect to village council approval.) (2) Roof - mounted antennas of any We shall not exceed 20 feet above the roofline of any on -sit e building which may be located upon the particular pry or Marcel of land (Government facilities axe exempt from this provision subiect to village council approval) 18 (3) Tower mounted antennas shall not be subiect to the height limitations set forth herein. (n) Tower setbacks The following setback reauirements shall apply to all Low—=.• (1) Towers must beset back a distance equal to at least 110 percent of the ieight of the tower from any adioining commercially zoned property lot line. (2) Towers must be set back a distance equal to at least 130 percent of the height of the tower from any adioining residentially zoned properly lot line. (3) —Guy s and accessory buildings must satisfy the minimum zoning district setback requirements. (o) Tower separation. The following separation requirements shall apply to all towers: 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 xAstim towers —Types L i e a=- ole 75 Monopole Less Feet in Hecht Than 75 Feet in gL eater eight LgU e 5 1 � 2 O&W IMO &QQO= LMOO M Monopole 75 feet in height � 1-00 1 04 75Q or greater Monopole less than 75 feet 750 -755-0 7 Q hi t See. 78445. - Permitted uses. approval. The uses speeified in this divisieft are deemed to be pemii�d uses and shall not require Antennas or towers located on property owned or leased by the village within the commercial zoning district of the village are a permitted use provided that the following shall be applicable: (1) A license or lease authorizing an antenna or tower shall be approved by the village council. (2) The antenna or tower otherwise shall meet all regulations of the village relating to setbacks, height, lot coverage, landscaped open space, and other such regulations. In the went of conflicting requirements between this division and district specific code provisions, the more restrictive requirement shall govern. (3) 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 the public hearing shall be provided as in section 78- 368(d) 19 and (e), except that property owner notification shall be to all property owners within 1,000 feet from any part of the subject property upon which the tower is located. These notice and public hearing requirements shall not pertain to the placement of antennas pr satellite dishes (4) This section WWI not be construed to does no permit the placement of towers or antennas by the lessee on property leased from the village. Sec. 78 -446. - Special exception uses. (a) General standards. An Imm or towers located on property that is not owned or leased by the village within the commercial zo ing district of the village are a special cention use. Special exception approval for towers and tennas shall be required for the construction of a tower or the placement of an antenna on privately owned property in the commercial zoning districts of the village For purooses of this division, the mixed - use zoning district of the village shall be considered residential, wherein towers and antennas are prohibited. The following provisions shall govern the review and approval of special exception applications for towers or antennas by the village council: (1) Towers and antennas shall, in addition to the criteria set forth in this division, otherwise meet all regulations of the village relating to setbacks, height, lot coverage, landscaped open space, and other such regulations pertaining to the district in which the tower or antenna is located. In the event of conflicting requirements between this division and district specific code provisions. the more restrictive requirement shall govem. (2) (3) Applications for special exception approval under this section shall be subject to the procedures and requirements of article 1X, division 3 of this chapter, except as modified in this division. (4) In granting a special exception approval, the village council may impose conditions to the extent the village council concludes such conditions are necessary to minimi any adverse effect of the proposed tower or antenna on adjoining properties. (5) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a state licensed professional engineer. (6) An applicant for a special exception use shall submit the information described in this section and a nonrefundable fee as set by resolution of the village council and on file in the village clerk's office to reimburse the village for the costs of reviewing and providing legal notice for the application. (b) Required information; standards for approval, design standards. (1) Required information. In addition to any information required for applications for special exception use approval pursuant to article IX, division 3 of this chapter, applicants for a special exception for a tower or antenna shall submit the following information: 20 a. A scaled site plan clearly indicating the location, type and height of the proposed tower or antenna, on -site ems' h�'n 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 78444 o) seetiee, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower or antenna and any other structures, topography, parking, and other information deemed by the building official to be necessary to assess compliance with this division. b. Legal description of the parent tract and leased parcel (if applicable). C. The setback distance between the proposed tower or antenna and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties. d. The separation distance from other towers and antennas described in the inventory of existing sites submitted pursuant to section 78- 444(b), which shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower or antenna and the owner /operator of the existing tower, if known. e. A landscape plan showing specific landscape materials. £ Method of providing security enclosure and finished color and, if applicable, the method of providing stealth design and illumination. g. A description of compliance with all applicable federal, state or local laws including all provisions within this chapter. h. A signed and sealed nota6zed statement by the applicant's engineer as to whether construction of the tower will accommodate collocation of additional antennas for future users. i. Identification of the entities providing the backhaul network for the tower or antenna described in the application and other cellular sites owned or operated by the applicant in the village. j. 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. k. A description of the feasible locations of future towers or antennas within the village based upon existing physical, engineering, technological or geographical limitations if the proposed tower or antenna is erected. (2) Standards for approval. In addition to any standards for consideration of special exception applications pursuant to article IX, division 3 of this chapter, the village council shall consider the following factors in determining whether to approve a special exception: a. Height of the proposed tower or antenna; b. Proximity of the tower or antenna to residential structures and residential district boundaries; 21 C. Nature of uses on adjacent and nearby properties; d. Surrounding topography; e. Surrounding tree coverage and foliage; f. Design of the tower or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; g. Proposed ingress and egress; and h. Availability of suitable existing towers, antennas, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection (b)(3) of this section. (3) Availability of 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: a. No existing towers or structures are located within the geographic area which meet applicant's engineering requirements. b. Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements. C. Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment. d. 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 e. 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. f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. g. 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. 22 a. Towers must be set baek a distame „nl. t .,t le 110 r W o let lie. b T o L ., mu st b of ar k di to 0 0 ,1 to .,t least 130 ,. e the height of the tower &om my adjoining r-esiden"ly zoned pfopegy4ot (5) Sepwwfion. The folio i tion fequkaments shall apply to all fellevving a stmight line beoween the base of the eNisting tower- and the proposed base, pursuant to a site plan of the proposed towen The sepafation distonees (listed in lineff feet) shall be as shown in table 1. Existing tewer-s Types v haWee Guyed Monte 75 Monopole —less Feet in Height Tha 75 Foot of- Gf e Height LaW 1- 1 5 e 759 Guyed 54, )N 51009 4-,W 759 Monopole 75 feet in height 4-,W 4-,M XW 738 M onopo l e l ess tl,o„ 75 f e et . - 7-59 -M -mil 7-59 iltheigh less tham six feet in height and towers shall also be equipped mith an appFopr-iate at leas4 -few -- feet Aide outside the pefkmetef - er- the eempetmd. The high hedge at the time of phmfing and having an ultimate height of six feet� and one tree, 12 feet in height at the fifne of plafAing, every 25 !in €eet b. Existing amture tfee growth and natwW land fefms oft the site A be pfeset-ved -te the ffmmimum extefA - possible. In some eases, sue 23 toweFs sited on > wooded lots Sec. 78447. - Equipment storage for antennas mounted on structures or rooftops. For antennas mounted on structures or rooftops, the equipment cabinet or structure used in association with the antenna shall comply with the following: (1) The cabinet or structure shall not contain more than 350 square feet of gross floor area or be more than ten 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. (2) 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 percent of the roof area. (3) Equipment storage buildings or cabinets shall comply with all applicable building codes. Sec. 78 -448. - Equipment storage for antennas located on towers. The related unmanned equipment structure for antennas located on towers shall not contain more than 350 square feet of gross floor area or be more than 12 feet in overall height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located. Sec. 78 -449. - Antennas mounted on utility poles or light poles prohibited. Antennas shall be prohibited on utility or light poles. Sec. 78 -450. - Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of two years shall be considered abandoned, and the owner of such antenna or tower shall remove the antenna or tower within 90 days of receipt of notice from the village notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within the 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. Sec. 78 -451. - Nonconforming uses. (a) Towers that are constructed and antennas that are installed in accordance with the provisions of this division shall not be deemed to constitute the expansion of a nonconforming use or structure. (b) Preexisting towers shall be allowed to continue their usage as they presently exist pursuant to article IV of this chapter. 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 division. (c) Nonconforming towers and antennas that are damaged or destroyed shall be required to meet the requirements as set forth in article IV of this chapter. 24 Sec. 78 -452. - Satell to dish systems and structures. (a) Satellite dish systems using antennas one (1) meter or less in diameter are permitted in any zoning district. Neither site plan review nor building Hermits are required for installation of such systems. Satellite dish systems using antennas no larger tban two (2) meters in diameter are permitted in any commercial zoning district Neither site plan zview nor building permits are required for installation of such systems. Further. satellite dish systems using animm between one (1) and two (2) meters in diameter are permitted in any residential zoning district: however, site plan review and approval, as well as a building permit. is required prior to any such installation. Roof mounting of any satellite dish gursuant to this subsection is prohibited unless specifically approved by the village council. (c) Satellite dish systems greater than two meters in diameter ( "large satellite dishes ") e permitted in any zoning district pursuant to the following: (1) Site plan review and approval. as well as a building permk is required prior to any installation. The application for a permit for a large satellite dish all be reviewed by the building official for a determination that the structure is designed and will be erected in a manner which meets the technical requirements of the Florida Building Code. 2) Large satellite dishes shall consist of noncombustible and corrosive resistant materials: (3) Large satellite dishes shall be adequately grounded for nrotection against direct strike of lighting and shall be subject to the applicable provisions of the Florida Building Cod e• 4) When installation is coma lete. a large satellite dish or antenna must be certifiQd by an engineer of being capable of withstanding winds of 120 5) The maximum diameter of any satellite dish shall be twelve feet. 6) Portable satellite dishes are prohibited. 7) Maximum overall height of the satellite dish and base shall be ten feet. (8) Roof mounting of any satellite dish pursuant to this subsection is Hrohibita unless specifically approved by the village council d) Screening: An attempt shall be made to effectively screen any satellite dish that is greater than one meter in diameter from view and from visibility from public rights -of- way to the greatest extent practicable. All such satellite dishes shall be located in such area as to be screened or buffered from view from adjacent properties and/or ri ghts -of- wav and shall be placed in the rear yard. e) There shall not be more than one satellite dish system on any platted lot or parcel• HOweyer, the ioint use of such a system as a community antenna system by two or more iacent or adioWu buildings, associations, lots, or parcels may be permitted by the village council on a noncommercial. not - for -profit basis. Secs. 78 -452 40-78 -480. - Reserved. 25 Section 3 : Each and every other section and subsection of Chapter 78. Zoning. shall remain in full force and effect as previously enacted. Section 4 : All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5 : Should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance. Section 6 : Specific authority is hereby granted to codify and incorporate this ordinance into the existing Code of Ordinances of the Village of Tequesta. Section 7 : This ordinance shall take effect immediately upon adoption. 26 Upon Second Reading this 8`" day of November 2012, the foregoing Ordinance was offered by Council Member Okun who moved its adoption. The motion was seconded by Council Member D'Ambra and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Tom Paterno X Vice -Mayor Vince Arena X Council Member Abby Brennan X Council Member Frank D'Ambra X Council Member Steve Okun X The Mayor thereupon declared the Ordinance duly passed and adopted this 8 day of November 2012. MAYOR OF TEQUESTA Tom Paterno ATTEST: Lori McWilliams, MMC '°09C may- Village Clerk FD ''- ,,0;�•g 195 ,,,��; 27