HomeMy Public PortalAboutORD 04/02ORDINANCE NO. 0412
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING CHAPTER 66, ZONING, ARTICLE
VII, SUPPLEMENTARY DISTRICT REGULATIONS, TO
INCLUDE A NEW DIVISION 8, WIRELESS
COMMUNICATIONS 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 TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS
Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 66, Zoning, Article VIII, Supplementary District Regulations, to
include a new Division 8 to read as follows:
"DIVISION 8.
WIRELESS COMMUNICATIONS TOWERS AND ANTENNAS
Sec. 66 -456. Wireless Communications Towers and Antennas.
The Town of Gulf Stream finds that it is in the public interest to limit
the siting of wireless communications towers and antennas within the
municipal boundaries of the Town. The following conditions shall apply:
A. A tower to support Wireless Communications Antennas;
designed primarily for the purpose of serving residents of the Town of Gulf
Stream, may be permitted within the Town -owned property subject,
however, to the tower being available for use jointly to provide public
safety communications and further subject to a license or lease
authorizing the use of said tower having been approved by the Town
Commission.
1. Any lease of the tower referenced herein shall be subject to
terms and conditions satisfactory to and approved by the
Town Commission.
B. Wireless Communications Antennas shall be permitted on
towers as provided for in subsection A or lightpole structures located in
rights -of -way or easements within the Town subject to the following
conditions:
1. The height of the antenna cannot exceed two (2) feet above
the existing lightpole structure.
2. All lightpole- mounted antennas shall be of a stealth design
so that they are architecturally designed or camouflaged to
be compatible with surrounding land uses, except that such
antennas located in residential zoned areas must be
screened from the view of residents and pedestrians.
3. Equipment cabinets associated with lightpole- mounted
antennas shall be of a scale that makes them no more
visually obtrusive than other types of utility equipment boxes
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normally located within the rights -of -way within the Town;
and architecturally designed or camouflaged to be
compatible with surrounding land uses, except that such
equipment cabinets located in residential zoned areas must
be screened from the view of residents and pedestrians.
4. The Town must approve the noise level and location of any
generators or other equipment.
C. Applicants may request a permit to site a Wireless
Communications Antenna upon the following conditions:
1. Payment of a non - refundable application fee of $1,000.00.
2. Provide to the Town's Building Official an inventory of the
applicant's existing towers, antennas, or sites approved for
towers or antennas that provide service or coverage within
the Town of Gulf Stream, including specific information about
the location, height, and design of each tower, antenna or
site.
3. All costs relating to the installation of the antenna or any
ancillary equipment relating thereto shall be borne by the
applicant.
4. Space availability shall be on a first come -first served basis.
D. No tower or antenna shall be permitted in the Town of Gulf
Stream, except pursuant to Sections A, B, and C above, unless the
applicant demonstrates to the reasonable satisfaction of the Town
Commission that no reasonable alternative exists that can accommodate
the applicant's proposed telecommunications service. An applicant shall
submit information requested by the Town Commission relating to the
availability of suitable existing towers, other structures or alternative
technology. Evidence to demonstrate that no existing tower, structure or
alternative technology can accommodate the applicant's proposed service
may consist of any of the following:
1. No existing towers or structures located within the relevant
geographic area accommodate antennas adequate to
provide the applicant's service within the Town of Gulf
Stream.
2. The applicant demonstrates to the satisfaction of the Town
Commission that there are other limiting factors that render
existing towers and structures unsuitable.
3. The applicant demonstrates that an alternative technology,
such as a cable microcell network using multiple low -
powered transmitters /receivers attached to a wire line
system, is unsuitable.
E. Special Exceptions. If the Town Commission determines that
no reasonable alternative exists that can accommodate the applicant's
proposed telecommunications service, a Special Exception may be
considered by the Board of Adjustment. Special Exceptions may be
granted for the location of towers or antennas in the Town subject,
however, to the following conditions:
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1. Information Required. All applications for a special exception
for a tower /antenna shall include the following:
a. Scaled site plan clearly indicating the location, type
and height of the proposed tower /antenna, onsite land
uses and zoning, adjacent land uses and zoning
(including when adjacent to other municipalities),
Comprehensive Plan future land use designation of
the site, proposed means of access, setbacks from
property lines, elevation drawings of the proposed
tower /antenna and any other structures, topography,
parking, and other information deemed by the
Building Official to be necessary to assess
compliance with this ordinance.
b. Legal description of the property tract and leased
parcel (if applicable).
C. The setback distance between the proposed
tower /antenna and the nearest residential unit, platted
residentially zoned properties, and unplatted
residentially zoned properties.
d. The separation distance from other towers /antennas
described in the inventory of existing sites submitted
pursuant to Section D shall be shown on an updated
site plan or map. The applicant shall also identify the
type of construction of the existing tower (s) /antenna
(s) and the owner /operator of the existing tower(s), if
known.
e. A landscape plan showing specific landscape
materials and the parties responsible for
maintenance.
f. A description and diagram of the design for the
proposed site, towers) /antenna(s) and related
structures. The design of the site, tower(s)/
antenna(s) and related structures shall be of a stealth
design, meaning that, to the maximum extent
possible, the design shall use materials, colors,
textures, screening, and landscaping that will blend
the tower /antenna site and structures into the natural
setting and surrounding buildings. All designs shall
require approval by the Town. The Town may direct
revisions in the proposed design as necessary to
protect the public interest.
g. Method of providing a security enclosure and stealth
design for the enclosure and, if applicable,
illumination including photometrics.
h. A description of compliance with all applicable federal,
state or local laws including all provisions within this
Zoning Ordinance.
A notarized statement by the applicant's engineer as
to whether construction of the proposed tower will
accommodate collocation of additional antennas for
future users including number, largest size and type.
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j. Identification of the entities providing the backhaul
network for the tower(s) /antenna(s) described in the
application and other cellular sites owned or operated
by the applicant in the Town and adjacent areas.
k. 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.
The structure is designed to accommodate
colocations of equipment and attachments with a
minimum wind load rated at 130 mph.
M. That the applicant posts a bond for performance in
favor of the Town.
2. Factors Considered in Granting Special Exception Approval
for Towers and /or Antennas. In addition to any standards for
consideration of Special Exception applications specified in
Section 6.01 of this Code, the Board of Adjustment shall
consider the following factors in determining whether to
approve a Special Exception:
a. Height of the proposed tower /antenna;
b. Proximity of the tower /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. Stealth design of the tower /antenna site and
structures, with particular reference to design
characteristics that have the effect of reducing or
eliminating visual obtrusiveness;
g. Proposed ingress and egress;
h. Availability of suitable existing towers, antennas, other
structures or alternative technologies not requiring the
use of towers or structures;
Set -back distance for a proposed tower equal to at
least one hundred ten percent (1100) of the height of
the tower from any adjoining recreational zoned
property lot line and at least one hundred thirty
percent (1300) of the height of the tower from any
adjoining residentially zoned property lot line;
Guys and accessory buildings satisfy the minimum
zoning district setback requirements;
k. Existing mature tree growth and natural landforms on
the site preserved to the maximum extent possible
and additional landscaping to the extent determined
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reasonably necessary by the Board of Adjustment to
screen the tower from view from residential
properties.
3. All tower and Wireless Communications Antenna owners
must comply with the following requirements:
a. All towers and antennas must meet or exceed current
standards and regulations of the Federal Aviation
Administration (FAA), the Federal Communications
Commission (FCC), and any other agency of the state
or federal government with the authority to regulate
towers and antennas. If such standards and
regulations are changed, then the owners of the
towers and antennas governed by this ordinance shall
bring such towers and antennas into compliance with
such revised standards and regulations within six (6)
months of the effective date of such standards and
regulations. 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.
b. The owner of a tower shall ensure the structural
integrity of towers and related structures. The tower
and structures must be 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 Building official or his /her designee
concludes that the tower or a related structure fails to
comply with such codes or standards and constitutes
a danger to persons or property, then the owner shall
bring such tower or structure into compliance with
such codes or standards within thirty (30) days of
receiving written notice from the Town. Failure to
bring such tower or structure into compliance within
said thirty (30) days shall constitute grounds for
removal of the tower and attached antenna(s) or
related structure at the owner's expense.
C. No signs, other than those required by law and
preapproved by the Town, shall be allowed on a
tower, antenna or related structure or enclosure,
including fences.
d. Any tower or antenna that is not operated for a
continuous period of two (2) years shall be considered
abandoned, and the owner of such tower or antenna
shall remove same, along with any related structures,
with ninety (90) days of receipt of written notice from
the Town notifying the owner of such abandonment.
Failure to remove an abandoned tower or antenna
within said ninety (90) days shall be grounds for the
Town to remove the tower or antenna and any related
structures at the owner's expense.
F. The term "Wireless Communications Antenna" means any
exterior device used in communications that radiates or captures
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electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or other
communications signals. This term does not include Over - the -Air
Reception Devices which deliver or receive broadcast signals, Direct
Broadcast Signals, Direct Broadcast Satellite Services or Multichannel
Multipoint Distribution Services, as defined and regulated by 47 C.F.R. §
1.4000, as amended."
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 Town of Gulf Stream, 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 Town of Gulf Stream.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session on first reading this
16th day of July , 2004, and for a second and final reading on this 13th
day of August , 2004.
ATTEST:
"e- ,- �-'7 Z- � L
Clerk
Vi
Commissioner
Commissioner
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