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Home My WebLink AboutDocumentation_Regular_Tab 09A_05/10/2001 ��, i ' � � Memo TO: Michael Couzzo, Village Manager FROM: Stephen J. Allison, Chief of Police Subject: Agenda Item — Ordinance Amendment 2" Reading Date: April 29, 2001 The attached amendment to ordinance 355 was passed on first reading at the � �:`.'; ^"'^'' ^.;,, ,-," ,r;,a±:.,r .It �f�. ;� � back to C�:.;r^i� �,.,. ,., �;,,--, ;� ��-,n. � G � .. .�_ ... � '� �, � _..... . . :J4. . . . [ i' `:..''..�� _ . _ . This amendment exempts antennas operated and controlled by the Village of Tequesta from the other requirements of the ordinance. �� . � �. ' ! ' ' ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 355, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE AT SECTION X, SUPPLEMENTAL REGULATIONS, AT PARAGRAPH (f) RELATING TO WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section l. Ordinance No. 355, as amended, the Comprehensive Zoning Ordinance of the Village of Tequesta, is hereby amended at Section X, Supplemental Regulations Applying to a Specific, to Several or to all Districts, is hereby amended at paragraph (A) (1) ( f)(B) to read as follows : SECTION X, SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS (A) General Provisions. (1) Miscellaneous structures:.... (f) Wireless telecommunication towers and antennas (A) Definitions .... (B) Applicability. (1) New towers and antennas. All new towers or antennas in the Village of Tequesta shall be subject to these regulations, except as provided in section (B) (2 ) and (3) . (2) Preexisting towers or antennas. Preexisting towers and preexisting � antennas shall�not be required to � � �� . � t meet the requirements of this ordinance, other than the requirements of sections (C)(5) and ( 6 ) . (3) Antennas operated and controlled by the Villaqe of Tequesta. Antennas operated and controlled by the Villaqe of Tequesta, the location of which is approved by the Villaqe Council shall not be required to meet the requirements of this ordinance. Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: ?� � � � � 4 } 1 R p j FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this lOth day of May, A.D, 2001. MAYOR OF TEQUESTA Geraldine A. Genco ATTEST: Betty Laur Acting Village Clerk Word/Ordinances/Amend Ord. 355 Telecomm. � � T. � ��'i ;+ Flagler Center Tower, Suite l 100 Mailing Address T� STON 505 South Flagler Drive Post OfFice Box 3475 � D �, n A West Palm Beach, Florida 33401 West Palm Beach, Florida 33402-3475 �J� r rL Telephone (561) 659-3000 Facsimile (561) 832-1454 Attot�eys aed Counselors 3 John C. Randolph, Esq. Direct Dial: (561) 650-0458 - E-mail: jrandoloh(�a,iones-foster.com March 22, 2001 VIA FAX: 575-6203 Mr. Michael R Couzzo, Jr. Village Manager ' Village of Tequesta Post Office Bax 3273 . - ,. ,,�� -,.°, -9 ^ , , - .- .. RE: Village of Tequesta Rooftop Lease Agreement Our File No. 13153.1 � Dear Mike: � Pursuant to the request of Chief Allison I prepared a rooftop lease agreement between the Village and Ocean Towers South Condominium Apariments for placement by the Village of a police communications antenna and related equipment on the roof of the condominium. That agreement is the subject of Resolution No. 28-00/O1, a resolution appmving the lease agreement, which resolution was deferred from the Maz�h meeting of the Village Council and, as I understand it, will be placed before the Council for consideration at its next scheduled meeting. Pursuant to Village Code at Section X(A)(b)3, offsite locations of antennas are prohibited except for antennas which are owned and operated by a govemmental agency and subject to Village Council approval. Therefore, in order for thas lease to .be approved, the Village Council is rec�uAred to approve the offsite location of the antenna. Because the proposed offsite location is within a residentially zoned district within the Village, I call your attention to subsection ( fl of Section X which deals with wireless telecommunication towers and antennas. That section provides that wireless communication towers and antennas are prohibited within the residentially zoned areas of the Village. In addition, there are several other requirements relating to same. It is my opinion that subsection ( fl, relating to wireless telecommunication towers and antennas, was not intended to regulate a police communications antenna of the type and nature which is'.he subject of the lease which you desire to have approved by the Village Council. However, from a strictly technical standpoint, the antenna the Village wishes to install on the condominium within the residential district does meet the definition of � . Michael R. Couzzo, Jr. 11�rch 22, 2001 : �age 2 � antenna within subsection ( fl. Therefore, if the Village wishes to approve this lease, in order to be strictly in conformity with the code, the Village Council may wish to consider an aznendment to the ordinance to allow the Village Council to be exempt from the provisions of subsection (fl for govemmental operations of the Village. Toward that end, I would recommend the following amendment: ( fl Wireless telecommunication towers and antennas. . , �) _ P.r.F�'�a�z�i _ -, � - _ - , - , , � - � ��,�,r ,�.� . (1) New towers and antennas. All new towers or antennas in the ' Village of Tequesta shall be subject to these regulations, except as provided in section (B)(2) an 131 (2) Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this ordinance, other than the requirements of sections (C)(5) and (�. 3� Antennas onerated and controlled bv the Villa�e of Teauesta. Antennas operated and controlled bv the Villa�e of TeQUesta, the location of which is auproved bv the Villa�e Council, shall not be re4uired to meet the reauirements of this ordinance. Please call me if you have any questions. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. J C. Randolph JCR/ssm Enclosure cc: Stephen J. Allison, Chief of Police