HomeMy WebLinkAboutDocumentation_Regular_Tab 21_10/10/2013 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 31-13
10/10/13
Consent Agenda: No Resolution #:
Originating Department: ATTORNEY
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CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 5. WIRELESS
TELECOMMUNICATION TOWERS AND ANTENNAS. BY AMENDING THIS DIVISION TO CLARIFY
THAT THIS DIVISION DOES NOT APPLY TO THE PLACEMENT OF ANY UTILITY OR
TELECOMMUNICATIONS FACILITY IN THE RIGHTS—OF—WAY LOCATED IN THE VILLAGE, AND
BY ADDING CERTAIN DEFINITIONS
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Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Appropriate Fund Balance:
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See above
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Department Head Submitted by Attor
Finance Director �,
Reviewed for Financial SUfficiency ❑ �
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No Financial Impact Q - - �'
Attorney: (for legal sufficiency) _` '�
Village Manager:
Submit for Council Discussion: 0 � �j
Approve Item: ❑ ���y`�� (�:%. ".` � �'� ,,, � .
Deny Item: �
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Form Amended: 7/12/12
ORDINANCE NO. 31-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE C4DE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX.
SUPPLEMENTAL REGULATIONS. DIVISION 5. WIRELESS
TELECOMMUNICATION TOWERS AND ANTENNAS. BY AMENDING
THIS DIVISION TO CLARIFY THAT THIS DIVISION DOES NOT
A.PPLY TO THE PLACEMENT OF ANY UTILITY OR
TELECOMMUNICATIONS FACILITY IN THE RIGHTS-OF-WAY
LOCATED IN THE VILLAGE, AND BY ADDING CERTAIN
DEFIlvITIONS; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUB5ECTION OF CHAPTER 78. 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 desires to amend the Village
Code of Ordinances at Chapter 78. Zoning, A.rticle IX, Division 5, by clarifying that this division
does not apply to the placement of any utility or telecommunications facility in the rights-of-way
located in the village; and
WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best
interests of the health, safety, and weifare of the citizens of the Village of Tequesta that the
Village amend its zoning ardinance as sta.ted herein.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX, Division 5, by clarifying that this division does not apply to the
placement of any utility or telecommunications facility in the rights-of-way located in the
village; providing that Chapter 78, Article IX, Division 5 shall hereafter read as follows:
ARTICLE IX. SUPLEMENTAL REGULATIONS
DIVISION 5. - WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS
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Sec. 78-441. - Purpose.
Sec. 78-442. - Definitions.
Sec. 78-443. - A�blicabilitv.
Sec. 78-444. - General requirements.
Sec. 78-445. - Permitted uses.
Sec. 78-446. - Special exception uses.
Sec. 78-447. - Equipment stora�e for antennas mounted on structures or roofto�s.
Sec. 78-448. - Ec�uipment storage for antennas located on towers.
Sec. 78-449. - Antennas mounted on utilit�poles or light poles prohibited.
Sec. 78-450. - Removal of abandoned antennas and towers.
Sec. 78-451. - Nonconformin�uses.
Sec. 78-452. - Satellite dish systems and structures.
Secs. 78-4� 453-78-480. - Reserved.
Sec. 78-441. - Purpose.
The purpose of this division is to establish general guidelines for the siting and
construction of wireless communications towers, satellite dishes and antennas on nrivatelv
owned or villa�e owned. leased or controlled nroaertv. This division shall not be abblicable to
the nlacement. maintenance, use or remaval of anv utilitv, antenna, tower, satellite dish or other
ireless telecommunications facilities, includin� Distributed Antenna Svstems. in the ri�hts-of-
wav located in the villa�e, the re�ulation of which is contained in Chanter 63. Art. II of the
villa�e's code or ordinances. 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 communiry;
(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, satellite dishes and antennas to configure them in a
way that minimizes the adverse visual impact of the towers and antennas through caxeful
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:
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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 signais, 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, ar the public switched
telephone network.
Distributed antenna svstem or DAS is a network of snatiallv senarated antenna nodes
connected to a common source via a tra�nsnort medium that nrovides wireless service within a
�eo�ranhic area or structure. DAS antenna elevations are �enerallv at or below the clutter level
and node installations are comnact
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.
Righrs-of-wav shall mean all rights-of-wav for roads whether nublic or nrivate
Satellite dish means any parabolic or spherical antenna which receives television or other
signals from orbiting satellites.
Steczlth design means a method that would hide or conceal an antenna, supporting
electrical or mechanical equiprnent, 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
communicatian 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.
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Sec. 78-443. - Applicability.
(a) New towe�s 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 rneet the requirements of this division, other than the requirements of
section 78-444(e) and (�.
(c) Antennas operated and controlled by village. Antennas operated and controlled
by the village or another governmental entity, and that are approved by the village
council, shall not be required to meet the requirements of this division.
(dl Ri,�hts-of-wau Anv antenna. tower, or other facilitv or structure used for wireless
telecommunications and nlaced within a village right-of-wav _ s alLll be__of a size and
confieuration that is comnarable to other communications facilities or utilitv noles that
are traditionallv and customarilv located within such_ ri�hts-of-wav. Additional
re�ulations for the sitin�. nlacement, maintenance. use and removal of wireless
telecommunications facilities are contained in Chanter b3 Art II of the villa�e's code or
ordinances. Tvnicaliv. wireless communication� facilities nlaced in a ri�ht-of-wav are
comnrised of "Distributed Antenna Svstems".
Sec. 78-444. - General requirements.
(a) Permitted locations.
(1) 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.
(2) 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.
(3) Off-site locations of atiy antenna, regardless of type, size, placement or
method of attacllment, shall be prohibited, except for those antennas which are
owned and operated by a governmental agency, approved by a governmental
agency, or operated for a governmental use, subject to viilage council approval.
(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. This inventorv shall senaratelv cate�orize wireless
telecommunications towers. antennas and other facilities located. blaced or maintained in
anv right-of-wav, includin� DAS svstems. from those located, nlaced or maintained on
rivate nronertv. or �overnment owned. leased or controlled nrobertv.
(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,
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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 board andlor the
village council, as appropriate.
(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 maYimum extent
possible, of stealth design.
(4) Landsca�ing. The following requirements shall govern the landscaping
surrounding towers and antennas:
a. Tower and antenna facilities shall be landscaped with a buffer of
plant materials that effectively screens the view of the compound from
property used for residences. The standard buffer shall consist of a
landscaped strip at least four feet wide outside the perimeter of the
compound. T'he minimum landscaping within the buffer shall be a
continuous four-foot-high hedge at the time of planting and having an
ultimate height of six feet, and one tree, 12 feet in height at the time of
planting, 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 property
perimeter 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
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 ensut`e 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.
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(g) Measu�ement 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
sha11 be regulated and pernutted 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 andlor 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.
(j) Signs. No signs shall be allowed on an antenna or tower.
(k) Multiple antennaltower 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 not less
than six feet in height, and towers shall also be equipped with an appropriate 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 type shall not exceed 40 feet above
- grade witlun any zoning district. (Government facilities are exempt from this
provision subject to village council approval.)
(2) Roof-mounted antennas of any type shall not exceed 20 feet above the
roofline of any on-site building which may be located upon the particular property
or parcel of land. (Government facilities are exempt from this provision subject to
village council approval.)
(3) Tower mounted antennas shall not be subject to the height limitations set
forth herein.
(n) Tower setbacks. The following setback requirements shall apply to all towers:
(1) Towers must be set back a distance equal to at least 110 percent of the
height of the tower from any adjoining 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 adjoining residentially zoned property lot line.
(3) Guys 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 sha11 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
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Lattice Guyed Monopole 75 Monopole Less
Feet in Height Than 75 Feet in
or Greater Height
Lattice 5,000 5,000 1,SOa 750
Guyed 5,000 5,000 1,500 750
Monopole 75 feet in height 1,500 1,500 1,500 750
or greater
Monopole less than 75 feet 750 750 750 750
in height
Sec. 78-445. - Permitted uses.
Antennas or towers located on property owned� e� leased or controlled by the village
(excludin� rights-of-wav, which are re�ulated at Sec. 63. Art. IIl witlun 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, Iot coverage, landscaped open space, and other such regulations. In the
event of conflicting requirements between this division and district specific code
provisions, the more restrictive requirement sha11 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)
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 or
satellite dishes.
(4) This section shall not be construed to permit the placement of tower� or antennas
by the lessee on property leased from the village.
Sec. 78-446. - Special exception uses.
(a) General standards. Antennas or towers located on property that is not owned e�
leased or controlled by the village within the commercial zoning district of the village are
a special exception use. Special exception approval for towers and antennas sha11 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 purposes of this
division, the m�ed-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
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requirements between this division and district specific code provisions, the more
restrictive requirement shall govern.
(2) Reserved.
(3) Applications for special exception approval under this section shall be
subject to the procedures and requirements of article IX, 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 minimize 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 viilage 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:
a. A scaled site plan clearly indicating the location, type and height of
the proposed tower or antenna, on-site existing land uses and zoning,
adjacent land uses and zoning (including when adjacent to other
municipalities ar unincorporated areas), comprehensive plan future land
use designation of the site and all properties within the applicable
separation distances set forth in Section 78-444(0), 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.
f. Method of providing security enclosure and finished color and, if
applicable, the method of providing stealth design and illumination.
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g. A description of compliance with all applicable federal, state or
local laws including all provisions within this chapter.
h. A signed and sealed 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 tlus 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;
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 af 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 st�uctures, 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 e�sting 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 meets applicant's engineering requirements.
b. Existing towers or structures are not of sufficient height to meet
the applicant's engineering requzrements.
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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 ta 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 appiicant 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.
Sec. 78-�47. - 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
azea 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 located outside of ri�hts-of-wav in
t�e Villa�e The nlacement of antennas located on utilitv and li�ht boles located within ri�hts-
of-wav in the villa�e is re�ulated at Sec. 63 Art. II
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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 sha11 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 shail 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.
Sec. 78-452. - Satellite 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 permits are
required for installation of such systems.
(b) Satellite dish systems using antennas no larger than two (2) meters in diameter are
permitted in any commercial zoning district Neither site plan review nor building permits
are required for installation of such systems. Further, satellite dish systems using
antennas 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 pursuant 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")
are permitted in any zoning district pursuant to the following:
(1) Site plan review and approval, as well as a building permit, is required
prior to any installation. The application for a permit for a large satellite dish
shall be reviewed by the building off cial 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;
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(3) Large satellite dishes shall be adequately grounded for protection against
direct strike of lighting and shall be subject to the applicable provisions of the
Florida Building Code;
(4) When installation is complete, a large satellite dish or antenna must be
certified by an engineer of being capable of withstanding winds of 120 m.p.h.;
(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
prohibited, 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 sha11 be located in such
area as to be screened or buffered from view from adjacent properties and/or rights-of-
way 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.
However, the joint use of such a system as a community antenna system by two or more
adjacent or adjoining buildings, associations, lots, or parcels may be permitted by the
village council on a noncommercial, not-for-profit basis.
Secs. 78-453--78-480. - Reserved.
Section 2: Each and every other Section and Subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of cornpetent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take efFect immediately upon passage.
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