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21-97 ORDINANCE NO. 21-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS 4.4.9(D) (7), 4.4.13 (D)(6), 4.4.20(D) (3), 4.4.21(D) (5), 4.4.26(D) (2), AlqD 4.4.27(D) , "CONDITIONAL USES AND STRUCTURES ALLOWED", OF LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE DELETION OF COMMUNICATION AND TRANSMISSION FACILITIES/TOWERS AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL (GC) , CENTRAL BUSINESS (CBD) DISTRICT, INDUSTRIAL (I), COMMUNITY FACILITIES (CF) , LIGHT INDUSTRIAL (LI) , AND OPEN SPACE AND RECREATION (OSR) ZONING DISTRICTS; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW SUBSECTION 4.3.3 (S) , "TELECOMMUNICATION TOWERS AND ANTENNAS", TO PROVIDE FOR REGULATIONS ESTABLISHING FREESTANDING TELECOMMUNICATION TOWERS AS A PERMITTED USE IN THE PLANNED COMMERCIAL (PC) , PLANNED COMMERCE CENTER (PCC) , MIXED INDUSTRIAL AND COMMERCIAL (MIC) , LIGHT INDUSTRIAL (LI) , INDUSTRIAL (I) , OPEN SPACE AND RECREATION (OSR) , AND COMMUNITY FACILITIES (CF) ZONING DI STRI CTS FOR MONOPOLE TOWERS HAVING A MAXIMUM HEIGHT OF 64 FEET, OR AS A CONDITIONAL USE IN THE PLANNED COMMERCE CENTER (PCC) , MIXED INDUSTRIAL A/qD COMMERCIAL (MIC) , LIGHT INDUSTRIAL (LI) , INDUSTRIAL (I) , OPEN SPACE AlqD RECREATION (OSR) , AND COMMUNITY FACILITIES (CF) ZONING DISTRICTS FOR MONOPOLE TOWERS HAVING A MAXIMUM }{EIGHT GREATER THAN 64 FEET; TO PROVIDE FOR DEVELOPMENT STANDARDS AND CRITERIA, APPLICATION REQUIREMENTS, INSPECTIONS, CO-LOCATION REQUIREMENTS, USE OF CITY-OWNED PROPERTY FOR TELECOMMUNICATION FACILITIES, REVIEW AND APPROVAL PROCESS, AND WAIVERS TO LOCATION, HEIGHT, AND CO-LOCATION REQUIREMENTS BASED ON FINDINGS MADE BY THE CITY COMMISSION; TO PROVIDE FOR REGULATIONS GOVERNING EXISTING TOWERS, ABANDONED TOWERS A/qD ANTENNAS NOT LOCATED ON TELECOMMUNICATION TOWERS; AMENDING APPENDIX A, "DEFINITIONS", TO PROVIDE DEFINITIONS FOR THE TERMS "ANTENNA" , "GUYED TOWER" , "MONOPOLE TOWER" , "PANEL ANTENNA" , "SELF- SUPPORT/LATT I CE TOWER" , "STEALTH FACILITY", "TELECOMMUNICATION TOWER" , A/VD "WHI P ANTENNA"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, recent changes in State and Federal law regarding wireless communication technology has resulted in an increased demand for the construction of telecommunication towers; and WHEREAS, the City Commission of the City of Delray Beach has determined that it is in the best interest of the citizens of the City of Delray Beach to impose controls on the location of telecommunication towers and antennas in a manner which balances the needs of the telecommunication industry with the needs of consumers of telecommunication services and with the interests of the general public for development standards which address aesthetic issues associated with telecommunication towers and antennas; and WHEREAS, the City Commission of the City of Delray Beach has determined that regulations and requirements for accessory uses and structures associated with telecommunication towers and antennas should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to delete the following: (D) Conditional Uses and Structures Allowed: Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to delete the following: (D) Conditional Uses and Structures Allowed: ' (6) - 2 - Ord. No. 21-97 Section 3. That Chapter Four, "Zoning Regulations" Article 4. ,4 "Base Zoning District", Section 4.4.20, "Industrial (Ii District", Subsection 4.4.20(D), "Conditional Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to delete the following: (D) Conditional Uses and Structures Permitted: Section 4. That Chapter Four, "Zoning Regulations", Article 4 .4, "Base Zoning District" , Section 4 .4 .21, "Community Facilities (CF) District", Subsection 4.4.21(D), "Conditional Uses and Structures Allowed" of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: (5) Special Services and Facilities, such as: privately operated parking lots and garages; stadiums and arenas; refuse transfer stations; and power Section 5. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.26, "Light Industrial (LI) District", Subsection 4.4.26(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to delete the following: (D) Conditional Uses and Structures Allowed: Section 6 That Chapter Four, "Zoning Regulations" , , . . "Open Space and Article 4.4 "Base Zoning District" Section 4 4 27, Recreation (OSR) District", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to delete Subsection 4.4.27(D), "Conditional Uses and Structures Allowed", in its entirety. ,' Section 7. That Chapter Four, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.3, "Special Requirements for Specific Uses", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended by enacting a new Subsection 4.3.3(S), "Telecommunication Towers and Antennas,' to read as follows: - 3 - Ord. No. 21-97 (S) Teleconmmn%ication Towers and Antennas: (1) Purpose and Intent: The regulations and requirements of this sectio~ are intended to: (a) Promote the health, safety and general welfare of the citizenry; (b) Provide for the appropriate location and development of telecommunication towers and antennas within the. City; (c) Minimize adverse visual impacts of telecommunication towers and antennas through careful design,, siting, and screening criter, ia; (d) Avoid potential damage to adjacent properties from tower failure through .engineering and careful siting of tower structures; and (e) Protect residential areas and land uses from potential adverse impacts of telecommunication towers and antennas by maximizing use of any new or existing telecommunication towers through shared use, i..e., co-location, to reduce the Dumber of towers. (2) Freestanding Teleco,.,unication Towers: Freestanding telecommunication towers are permitted as follows: (a) Monopole towers having a maximum height of 64 fee~ are a permitted use in the following zoning districts: 1. Planned Commercial (PC) 2.. Planned C0m~erce center.(PCC) 3. Mixed Industrial and Commercial District (MIC) 4. Light Industrial (LI) Industrial 6__= Open Space and Recreation (OSR) 3-. Community Facilities (CF) (b) ~Qnopo.le towers having a maximum height ~reater than 64 feet ~ay be permitted as a conditional use in the followSnq zoning districts: - 4 - Ord. No. 21-97 1. Planned Commerce Center (PCC) 2__=. Mixed Industrial and Commercial District (MI~) 3. Light Industrial (LI) 4__=. Industrial (I) 5__=. Open Space and Recreation. (OSR) (on sites greater than 10 acres in size). 6__=. Community Facilities (CF) (on sites greater than 10 acres in size). (C.) Notwithstanding the above listed requirements, monopole towers greater than 64 feet in height are a permitted use when located on the public properties listed below. Towers that are to be located on these properties are not subject to the minimum separation requirement between towers. Towers shall be located so as to create the least potential visual impact on adjacent righ~s-of-way and residential areas. Miller Park, 1905 S.W. 4th Avenue 2. Delray Beach Municipal Golf Course, 2200 Highland Avenue 3__=. Public Works Complex, 434 South Swinton Avenue 4__=. South Central Regional Wastewater Treatment Facility, 1801 N. Congress Avenue (d) Lattice and guyed towers may be permitted as a conditional use in the following zoning districts: 1__=. Community Facilities (CF) (on sites greater than 10 acres in size) 2_=. Industrial (I) (e) Development Standards and Criteria: 1_=. Height: .a. Tower height shall not exceed 125 feet unless a..waiver is granted pursuant to subsection 4.3.3(S)(7). ,' b. Tower height is to be measured from the crown of the road of the nearest public right-of-way. The measurement of the tower height shall include any apparatus that extends above the tower structure, with the following exceptions: - 5 - Ord. No. 21-97 (1) Lightinq rods, safety liqhtinq, and any other apparatus required ... by the Federal Aviation Administration (FAA} or the Federal Communications Commission (FCC} to ensure the safe operation of the facility.. (~) Whip antennas, not exceedinq 6 inches in diameter may extend 10 feet above the heiqht of the tower structure. Setbacks: a. Towers shall be located a minimum of fifty (50) feet from any existinq .or proposed public street riqht-of-way line. b. The minimum distance between a monopole tower and the nearest property line of a residential zoninq district shall be equal to 200% of the heiqht of the tower. c. The minimum distance between a lattice or quyed tower and the nearest property line of a residential zoninq district shall be equal to 400% of the heiqht of the tower. d. Monopole, lattice, or quyed telecommunication towers shall not be located within one thousand (1,000) feet of any existinq monopole, lattice, or quyed telecommunication tower. e. Equipment buildinqs and other structures associated with a telecommunication tower shall conform to the setbacks established for the under!yinq zoning district. - 6 - Ord. No. 21-97 3. Bufferinq Requirements: a. An eight foot high fence or wall shall be constructed around the base of a telecommunication tower. The fence or wall shall be screened in accordance with LDR Section b. Accessory equipment and structures shall be screened in accordance with Section 4.4.16. !! c. Landscapinq may be required around anchors or supports, as well as around the perimeter of the site on which the tower is located, in order to enhance compatibility with adjacent properties. 4. High Voltage and "No Trespassing" Warning Signs: If high voltage is necessary for the operation of the telecommunication tower or any accessory.structures, "HIGH VOLTAGE - DANGER" warning signs shall be permanently attached tO the fence or wall and shall be. spaced no more than forty (40) feet apart. b. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart. c. The letters for the above described signs shall be at least six (6) inches in height. The two warning signs may be combined into one siqn. Warninq siqns shall be installed at least five (5) feet above the finished grade of the fence. - 7 - Ord. No. 21-97 d- Where the warning signs could be obscured by landscaping, they may be installed on free standing poles, at least five (5) feet above the finished grade. 5. Sic[ns and Advertising: The use of any portion of a tower for signs or advertisinq purposes, including company name, banners, streamers,, etc. is strictly prohibited. 6. Color: Except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over telecommunication towers, telecommunication towers shall be constructed in neutral colors, designed to blend into the surrounding environment, such as non-contrasting 7.. Liqhtinq: Artificial tower lighting shall be limited to mandatory safety lighting required by county, state, or federal requlatory agencies possessing jurisdiction over telecommunication towers. Security lighting around the base of a tower may be provided if such lighting conforms with the requirements of Section 4.6.8. 8. Hazardous Materials: Review and approval by the Fire Marshal is required where telecommunication towers are proposed within ~.wo hundred feet of a proposed Qr existing principal use which includes the storage, distribution, or ..sale of volatile, flammable, explosive, or hazardous wastes such ag bP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals, unless such materials are used for backup power pUrposes. - 8 - Ord. No. 21-97 9__=. E~uipment Storage: Mobile or immobile equipment not used in direct support o~ a tower facility shall not be stored or parked on the site of the telecommunication tpwer, unless repairs to the tower are beinq made. (f) Required Information: All applications for telecommunication towers shall contain the followinq information: 1. Standard application items pursuant to 2.4.3 (A) ~ 2. Site plan showinq the location, dimensions, and elevations of the tower and accessory structures. An aerial photoqraph produced at a scale of not less than one inch equals 300 feet (1"=300') indicatinq all residential land uses and all existinq telecommunication towers located within 1,500 feet of the proposed tower. 4. Landscape plan pursuant to 4.4.16. 5. A statement prepared by a professional reqistered enqineer licensed to practice in the State of Florida, which throuqh rational engineerinq analysis certifies the tower's compliance with applicable standards as set forth in the Standard Building Code, and any associated requlations; and describes the tower's capacity, .includinq an example of the number and type of antennas it can accommodate. For all towers attached to existinq structures, the statement shall include a certification that the structure can support the load superimposed from the tower. 6. Verification that the telecommunication tower and antenna is in compliance with Federal Aviation Administration (FAA) requlations. - 9 - Ord. No. 21-97 7. Written approval or a statement of no objection from other federal or state agencies that may regulate telecommunication tower siting, design, and construction. 8. Verification that the facility has been ~icensed by the Federal COmmunications Commission (FCC). 9. A certified statement that the construction and placement of the tower will not unnecessarily interfere with public safety communications and the usual and customary transmission or reception of radio and television service' enjoyed by adjacent residential and nonresidential properties. A statement shall be prepared by a radio frequency ~nqineer identifying any interference that may result from the proposed construction and placement. 10. A line of sight analysis shall be required to assess the tower's visual impact on residential areas. Such analysis shall include a visual representation of the tower on the site, and an illustration of its impact when viewed from at least three (3} specific points within a 1,000 foot radius of the proposed tower location. The exact location of the points to be included in the analysis shall be coordinated with Planning and Zoning Department staff. Inspections: 1. The owner of a telecommunication tower shall have the tower periodically inspected for structural and electrical inteqrity by an engineer licensed to practice in the State of Florida, in accordance with the following schedule: - 10 - Ord. No. 21-97 a. Monopole: at least once every five !i (5) years b. Self-support lattice: at least once every two (2) years c. Guyed: at least once every two (2) years 2. Inspections may be required on a more frequent basis if there is reason to believe that the structural or electrical integrity of the tower is jeopardized. 3. Reports detailing the results of the inspections shall be submitted to the Chief Building Official. Based upon the results of an inspection, the Chief Building Official may require repair or removal of a telecommunication tower. 4. The City Commission may approve an alternative inspection program when the Chief Building Official has determined that the alternative program is sufficient to ensure the safety of the facility. 5. The City may conduct its own periodic inspections of a telecommunication tower to ensure its structural or electrical integrity. (h) Existing Towers: 1. Notwithstanding the above provisions of this section, whip and panel type telecommunication antennas may be placed on existing towers with sufficient loading .capacity after approval by the Chief Building Official. Any other type. of antenna requires a modification of the conditional use approval. The loading capacity of a tower shall be certified by an engineer licensed to practice in the State of Florida. - 11 - Ord. No. 21-97 2.. Notwithstanding the provisions of this section, towers in existence as of May 6, 1997, may be replaced with a tower of equal or less visual impact upon approval by the Planning and Zoning Director, provided that the following criteria are met: a..~ The tower meets the minimum requirements of this section; or b__~. The tower received conditional use approval prior to May 6, 1997. Replacement of existing towers which do not meet the above specified criteria may be approved by the City Commission as a new conditional use. (i) Abandoned Towers: 17 A tower shall be considered abandoned if its use for telecommunication service has been discontinued for one hundred eighty (180) consecutive days.. All abandoned or unused telecommunication tower facilities shall be removed by the tower owner/operator within ninety (90) days of abandonment. 2. Where a tower is abandoned but not removed within .the specified time frame, the City may remove or demolish the tower and place a lien on the property following the procedures (but not the criteria) for demolition of unsafe buildings/structures contained in Article 7.8 of the LDRs, Unsafe Buildings or Structures. Telecommunication towers being utilized for other, purposes, inc!udinq but not limited to light standards and power poles, may be exempt from this provision. - 12 - Ord. No. 21-97 {3) Antennas Not Located on Telecommunication Towers: (a) Non-stealth and stealth antennas mounted on rooftops, buildings, or other structures which constitute a principa~ use, are a permitted use in the following zoning districts, subject to the limitations and requirements contained herein: 1.. Medium Density Residential (RM) 2. General Commercial (GC) 3. Central Business District {CBD) 4. Central Business District--Railroad Corridor (CBD-RC) 5. Automotive Commercial (AC) 6. Planned Commercial (PC) 7. Resort/Tourism (RT) 8. Planned Office Center (POC) Professional and Office District (POD) 10. Planned Commerce Center (PCC) 11. Mixed Industrial and Commercial (MIC) 12. Industrial (I) 13. Light Industrial (LI) 14. Community Facilities (CF) 15. Open Space and Recreation (OSR) (b) Non-StealthAntennas: 1. Shall only be permitted on buildings or structures which are at least fifty (50) feet tall. Antennas may be placed on buildings or. structures less than fifty (50) feet tall in the CF or OSR zoning districts if public safety needs warrant the antenna. Shall be placed in a manner so as to ~inimize the visual impact of the antenna on adjacent properties, and shall be of a color which matches the exterior of the building or structure upon which it is situated. 3. May not extend more than ten (10) feet above the hiqhest pQint of the roof or structure. Antennas may exceed this maximum height in the CF or OSR zoning districts if public safety needs warrant the antenna. - 13 - Ord. No. 21-97 4. Shall be accompanied by a statement which demonstrates in a technical manner why a stealth antenna cannot be used for the particular application. 5. Require approval by the Site Plan Review and Appearance Board. (c) Stealth Antennas: 1... May extend up to twenty (20) feet above the highest point of the roof or !! structure. If a greater height is necessary, the antenna must be approved by the Site Plan Review and Appearance Board. 2. Requires approval by the Director of Planning and Zoning to ensure that the antenna is consistent with the definition of a stealth facility. (d) Requirements and Standards: 1. Each application shall contain a rendering or photograph of the antenna including, but. not limited to, colors and screeninq devices. No commercial advertising shall be allowed on an antenna or on the screening devices or elements. 3. The antenna must be in compliance with FAA requirements. No signals, lights or illumination shall be permitted on an antenna unless required by the FCC or FAA. 4. Any related unmanned equipment building shall not contain more than 750 square feet of gross floor area or be more than twelve (12.) feet in height; and 5. If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than twenty-five pergent (2.5%) of the roof area. - 14 - Ord. No. 21-97 .6. An antenna proposed for location on a structure or site that is listed on the local or national reqister of historic places, or is located within a desiqnated historic district, may be denied if the antenna creates an adverse impact on the historic character of the structure, site or district. (4) Co-location: (a) In order to minimize adverse visual impacts associated with a proliferation of towers, . co-location of communication antennas by more than one provider on existinq or new telecommunication towers shall take precedence over the construction of new sinqle use telecommunication towers. An application for a new tower that is qreater than 64 feet in heiqht shall not be approved unless it can be demonstrated by the applicant that there is a need for the new tower which cannot be met by placinq the antenna on an existinq tower. Accordinqly, the followinq requirements apply to each application for a new telecommunication tower that is qreater than 64 feet in heiqht. 1__=. All new telecommunication towers shall be constructed so as to have the capacity to permit multiple uses. Monopole towers shall be able to accommodate a minimum of two (2) users, and lattice or guyed towers shall be able to accommodate a minimum of three (3) users. 2__=. All . applications for new telecommunication towers shall include a written analysis of the feasibility of sharinq any existinq telecommunication tower located within a half-mile radius of the proposed tower site. The analysis shall consider the .followinq factors: a. Availability of existinq towers for co-location. b. Structural capacity of existinq tower or towers. c. Geoqraphic service area requirements. - 15 - Ord. No. 21-97 d__=. Radio frequency interference. Mechanical or electrical incompatibility.. f. Restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the tower. ~. Any other information that would demonstrate the need for the new tower. 3. An existinq telecommunication tower that is determined to be inappropriat~ for sharinq shall be assumed to be inappropriate for sharinq the same types of facilities in the future. Such towers will not need to be evaluated in the future reqardinq sharinq with the same type of facility for which it has been determined to be inappropriate. The Planninq and Zoninq Department shall retain a list of such towers and will provide a copy of the list to all potential applicants. The City may require additional sharinq feasibility evaluations if warranted by chanqes in technoloqy. 4. A requirement to allow co-location will be a condition of approval for all new towers. This requirement will be deemed to have been met if the facility owner shows that it has executed a joint use aqreement with at least one other unaffiliated entity for shared use, and aqrees to offer the same contract to others. In other cases, the facility owner must provide a statement of intent to offer space on the tower on fair, reasonable, nondiscriminatory terms, at fair market value, and tQ neqotiate leases promptly and without undue delay. A condition of any permit for a new telecommunication tower shall be that the permit shall be terminated, and the facility removed, if the City finds that the facility owner is not complyinq with its obliqations under this section. - 16 - Ord. No. 21-97 5 For any telecommunication tower approved for shared use, the owner of the tower shall send a written notice to all potential users of the new tower, informing them of the opportunity for co-location, and including information on the tower's location and load capacity. Copies of the notice letters shall be provided to the City at the time that the application is filed. The list of potential users shall be provided by the Planning and Zoning Department. 6~. The City may deny an application if an available co-location is feasible and the application is not for such co-location. 7. The requirement for a new tower to provide for co-location, and the applicable provisions of this subsection, may. be waived pursuant to the requirements and findings stipulated in subsection 4.3.3(S} (7). (5) Use of City-Owned Property for Telecoumun%ication Facilities: (a) No municipally-owned property may be used without a lease agreement with the City. The City shall authorize the application and use of City property after the applicant executes a lease agreement that is acceptable to the City. The City shall have no obliqation whatsoever to execute such leas.e even if the applicant can meet the criteria set forth in this section. (b) The City may, as appropriate, to protect its property and the public interest, establish additional requirements beyond the minimum requirements of this section for facilities located on municipally-owned property. (c) The City may is.sue letters of interest for the. purposes of leasing sites on designated City property for the- construction and installation of personal wireless service facilities. The City will encourage the installation of facilities which have a minimal impact on the surrounding areas and are consistent with the development of the public property on which the facility is located. - 17 - Ord. No. 21-97 (6) Review and Approval Process: (a). The City shall process all applications for telecommunication towers and antennas in a timely manner and in accordance with established procedures. The reason for the rejection or denial of any application filed in accordance with the provisions of this section shall be set forth in writinq. (b) All conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). In addition to the requirements of that section, the followinq findinq must be made in connection with a conditional use approval for a new communication tower: That the visual impact of the tower has been minimized to the qreatest extent possible throuqh careful desiqn, sitinq, and screeninq. (7) Waivers: (a) The City Commission may waive the requirements of this section pursuant to the authority qranted in Section 2.4.7(B). In addition to the requirements and standards specified in that section,, the followinq findinqs which are applicable to the nature of the waiver must be made: Waiver of Locational Restrictions. Findinq: That approval of the waiver will allow for the construction of a facility at a location that is more appropriate than sites which comply with the zoninq and separation requirements, based upon factors such as its distance from residential uses, existence of permanent screeninq or buffers, and location within a larqe-scale non-residential area. 2. Waiver of Heiqht Restrictions. At least one of the followinq findinqs must be made: - 18 - Ord. No. 21-97 a. That a height greater than 125 feet is necessary to accommodate co-location by another provider, and it has been illustrated through a line of sight analysis that the additional height will not significantly impact ..residential neighborhoods. Waivers. granted pursuant to this provision shall not allow heights in excess of 150 feet. b. That a height greater than 125 feet is required to meet public safety needs. 3. Waiver of Co-location Requirements: Finding: That it has been specifically demonstrated through data and analysis that co-location is not feasible because of factors such as site constraints, radio frequency (RF) interference, geographic service area incompatibilities, mechanical or electrical incompatibilities, Qr similar circumstances. section 8. That Appendix A, "Definitions", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended by enacting definitions for the following terms, to read as follows: ANTENNA: A transmitting and/or receiving device used for personal wireless services that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave d~sh antennas, and omni-directional antennas, such as whips, but excluding radar antennas, amateur radio antennas, and satellite dish antennas. GUYED TOWER: A telecommunication tower that is supported, in whole or in part, by guy wires and qround....anchors. MONOPOLR TOWER: A telecommunication tower consisting of a single pole or spire self supported by a permanent foundation, constructed without guy wires and ground anchors. PANEL ANTENNA: An array of antennas, designed to concentrate a radio signal in a.particular area. - 19 - Ord. No. 21-97 SELF-SUPPORT/LATTICE TOWER: A telecommunication tower that is const~cted without guy wires and ground anchors. STEALTH FACILITY: Any telecommunication facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunication towers designed to look like light poles, power poles, or trees. TELECOMMUNICATION TOWER: A guyed, monopole, or self-support/lattice tower, constructed as a free-standing structure, containing one or more antennas used in the provision of personal wireless se~ices. WHIP ANTENNA: A cylindrical antenna that transmits signals in 360 degrees. Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 10. That 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 hereof as a whole or part thereof other than the part declared to be invalid. Section 11. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 3rd day of June , 1997. ATTEST: - ~ City ~erk ' First Reading April 15, 1997 Second Reading May 6, 1997 (continued to date certain of June 3, 1997) June 3, 1997 -20 - Ord. No. 21-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # /D~- REGULAR MEETING OF JUNE 3, 1997 CONTINUATION OF SECOND READING/SECOND PUBLIC HEARING FOR ORDINANCE NO. 21-97 (TELECOMMUNICATION TOWERS AND ANTENNAS ) DATE: MAY 29, 1997 Second reading and the second public hearing for Ordinance No. 21-97 was scheduled for and held at the City Commission's regular meeting of May 6, 1997. Ordinance No. 21-97 amends the Land Development Regulations by adopting regulations and requirements pertaining to the installation, siting and design of telecommunication towers and antennas. The attached staff report contains an analysis of the proposed amendments. The Planning and Zoning Board considered this matter at some length at both regular and workshop meetings. On March 17, 1997, the Board held a public hearing on the ordinance and recommended unanimously that it be approved. At first reading on April 15, 1997, the Commission passed the ordinance by unanimous vote. On May 6, 1997, the City Commission continued final consideration of the ordinance to allow staff one more opportunity to check with the County to see if any new information had come to light which we might want to consider for inclusion in our ordinance. This has been done. As of this date, nothing has been finalized at the County level. The telecommunications issue is set to be reviewed on a County-wide basis by a committee established through the Intergovernmental Coordination Program. The current moratorium on the acceptance of applications for telecommunication towers and antennas expires on June 15, 1997. The goal has been to have an ordinance in place by that time. As new technology and information becomes available, the ordinance can certainly be amended at a later date. Recommend approval of Ordinance No. 21-97 on second and final reading. ref: agmemol 0 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/~'1 SUBJECT: AGENDA ITEM ~ /OA - REGULAR MEETING OF MAY 6, 1997 SECOND READING/SECOND PUBLIC HEARING FOR ORDINANCE NO. 21-97 (TELECOMMUNICATION TOWERS AND ANTENNAS) DATE: MAY 1, 1997 This is before the Commission for consideration on second reading and a public hearing of an ordinance which amends the Land Development Regulations by adopting regulations and requirements pertaining to the installation, siting and design of telecommunication towers and antennas. The attached staff report contains an analysis of the proposed amendments. The Planning and Zoning Board considered this matter at some length at both regular and workshop meetings. On March 17, 1997, the Board held a public hearing on the ordinance and recommended unanimously that it be approved. At first reading on April 15, 1997, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 21-97 on second and final reading. ref:agmemol0 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY ~X2XlAGER~ SUBJECT: AGENDA ITEM ~/0~ - REGULAR MEETING OF APRIL 15, 1997 FIRST READING/FIRST PUBLIC HEARING FOR ORDINANCE NO. 21-97 (TELECOMMUNICATION TOWERS AND ANTENNAS) DATE: APRIL 11, 1997 This is before the Commission for consideration on first reading and a public hearing of an ordinance which amends the Land Development Regulations by adopting regulations and requirements pertaining to the installation, siting and design of telecommunication towers and antennas. The attached staff report contains an analysis of the proposed amendments. The Planning and Zoning Board considered this matter at some length at both regular and workshop meetings. On March 17, 1997, the Board held a public hearing on the ordinance and recommended unanimously that it be approved. Recommend approval of Ordinance No. 21-97 on first reading. If passed, a second public hearing will be scheduled for May 6, 1997. ref:agmemol0 TO: DAVID T. HARDEN C(J~ MANAGERI'~ _ FROM: r~ ~ DIRECTOR OF PLANNING AND Z~NING SUBJECT: CITY COMMISSION MEETING OF APRIL 'i5, '1997 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) ESTABLISHING SPECIFIC REQUIREMENTS FOR THE INSTALLATION OF TELECOMMUNICATION TOWERS AND ANTENNAS The action requested of the Commission is the adoption of LDR amendments pertaining to the installation of telecommunications towers and antennas. The amendments affect the following sections of the Land Development Regulations: 4.3.3, Special Requirements for Specific Uses; 4.4.9, General Commercial (GC) District; 4.4.13. Central Business District (CBD); 4.4.20, Industrial (I) District; 4.4.21, C~mmtmity Facilities (CF) District; 4.4.26, Light Industrial (LI) District; 4.4.27, Open Space and Recreation (OSR) District; and Appendix "A", DEFINITIONS. On February 8, 1996, the 104th Congress of the United States passed the Telecommunications Act of 1996 (Public Law 104-104). The Act addresses many topics including telecommunication services, broadcast services, cable services, regulatory reform, and other miscellaneous provisions. The basic intent of the act was to encourage and allow competition in the telecommunications industry, in part by reducing the amount of existing regulations. One result of the act is that local governments are dealing with numerous requests from new providers to place towers and antennas throughout their jurisdictions. Few governments, including Delray Beach, have had ordinances in place to appropriately regulate the placement of these facilities. Section 704 of the Act addresses local government zoning of towers used for cellular, PCS (Personal Communications Services) and CMR (Commercial Mobile Radio City Commission Documentation LDR Amendment -- Telecommunication Towers and Antennas Page 2 Service) transmitters. The following restrictions apply to any regulation by local government of telecommunication facilities: · Local zoning requirements cannot unreasonably discriminate among wireless telecommunication providers. · Local zoning requirements cannot prohibit or have the affect of prohibiting the provision of wireless telecommunication service. · Municipalities must act on a request to place or construct a wireless telecommunication facility within a reasonable period of time. · Any denial must be in writing and supported by reasonable evidence in a written record before the municipality. · Municipalities cannot deny requests for tower sites based on health concerns regarding radio frequency emissions. As a result of receiving four (4) applications for new telecommunication towers in a two month period, the City Commission on December 10, 1996, enacted a 90-day moratorium on the receipt and processing of any new tower applications. This moratorium was recently extended another 90 days, for a total of six months. The purpose of the moratorium was to allow staff time to draft new regulations governing the placement of towers throughout the City. Those regulations have been drafted, and are now before the City Commission for approval. Under the City's current regulations,communication facilities and towers are permitted as a conditional use in the following zoning districts: · General Commercial (GC) · Planned Commercial (PC) · Central Business District (CBD) · Central Business District--Railroad Corridor (CBD-RC) · Community Facilities (CF) · Light Industrial (LI) · Industrial (I) There are no specifications provided as to the placement of the towers, the maximum heights, setbacks, etc. Other than having to make the typical findings associated with a conditional use, there are no guidelines for determining whether or not a tower is City Commission Documentation LDR Amendment -- Telecommunication Towers and Antennas Page 3 appropriate in a particular location. There are no provisions for encouraging the co- location of different providers on the same towers. The main goal of the proposed ordinance is to be able to allow the telecommunication industry to meet the demand for service while minimizing the visual impact of its facilities, particularly to residential areas. The new ordinance includes regulations that are designed to: · Provide a simpler approval process for smaller towers and for antennas that are concealed on buildings and structures. · Restrict larger towers to zoning districts and sites that are not near residential areas. · Require that all new towers have the capacity for co-location. · Provide minimum distances between towers and residential zoning districts, and between existing towers and new towers. The ordinance distinguishes between antennas that are on towers, and those that are attached to buildings and structures. Towers are further distinguished in terms of their type (monopole, lattice, and guyed) and height. Antennas are classified as either stealth (concealed) or non-stealth (visible). All of these factors determine where the facilities can be located, and the applicable approval process. The ordinance allows towers that are up to 64 feet in height to be installed as accessory structures in the following zoning districts: · Planned Commercial (PC) · Planned Commerce Center (PCC) · Mixed Industrial and Commercial (MIC) · Light Industrial (LI) · Industrial (I) · Community Facilities (CF) · Open Space and Recreation (OSR) [NOTE: The basis for the 64' height is that the LDRs currently permit antennas, as well as radio and television towers, to exceed the height restrictions of the particular zoning district in which they are located, up to a maximum of 64 feet. Greater height than 64' requires City Commission approval.] City Commission Documentation LDR Amendment -- Telecommunication Towers and Antennas Page 4 The proposed ordinance provides that towers which exceed 64' in height are allowed as a conditional use in the following zoning districts: · Planned Commerce Center (PCC) Mixed Industrial and Commercial (MIC) · Light Industrial (LI) · Industrial (I) · Community Facilities (CF) - on sites greater than 10 acres in size · Open Space and Recreation (OSR) - on sites greater than 10 acres in size In addition, there are four sites in the City that have been identified as being appropriate locations for telecommunication towers, based on their size, existing use, and central locations, as well as the opportunities they provide for concealing a tower from residential areas. On these four locations, towers could be installed as a permitted accessory use: · Miller Park · Municipal Golf Course (Highland Ave.) · Public Works Complex · Wastewater Treatment Facility (Congress Ave.) Numerous development standards and criteria are provided for tower installation. The height could not exceed 125' unless additional height is needed for colocation or to meet public safety needs. Towers must be separated by at least 1,000 feet from each other. Monopole towers must be set back from residential areas by a distance that is 200% of the pole height; lattice and guyed towers must be set back 400% of their height. Screening requirements are spelled out, and minimum inspection procedures are established. Provisions are made for the treatment of existing and abandoned towers, and for the use of City-owned property for telecommunication facilities. Provisions for co-location are also spelled out in the proposed regulations. The ordinance provides that stealth antennas attached to buildings and structures are allowed in almost all zoning districts, excluding the lower density residential zones and the OS (Open Space) district. Non-stealth antennas are further restricted, and will require approval by the Site Plan Review and Appearance Board (SPRAB). All of the above provisions will be contained in one section, 4.3.3 (S), Telecommunication Towers and Antennas. However, it will also be necessary to delete existing references to communication towers and facilities from a number of zoning districts where they are currently listed. In addition, the OSR district contains language stating that there are no conditional uses permitted. The telecommunication ordinance proposes to allow towers as conditional uses on OSR-zoned sites greater City Commission Documentation LDR Amendment - Telecommunication Towers and Antennas Page 5 than 10 acres in size (which will exclude neighborhood parks). In order to be consistent, the current language in the OSR district regulations regarding the prohibition against conditional uses should be eliminated. · ;:::' ' ' ' ,:::::::::::::::. ====================== ::::::::::::::::::::::::: :::::::::::: ::::::~:: ::...: .:. :.: .:. :.:::::... :::. :: :: :::::: ::: ::: :,: ::.~ .: ::: ::: ::: ::: ::: ::: ::::::. :. :. :::::::::::::::. :::::. :::: ::::. :.: .:. :. :, :... :. :. :. :. :. :. :. :. :. :...: :~. :.: .:. :.:. :. :. :. :::. :... :. :. :. :. :. :.: .:. :.: .:. :.: .:. :.:. :. :.:. :. :. :. :. :. :. :. :. :. :. :. :. :. :... :.:~...... :. :. :. :. :. :. :. :. :... :. :. :, :. :. :. :. :. :. :. :. :. :. :. :. :. :. :.: <. ;.: ,:. :,: <<.: .> :.> :.;? :. :. :. :. :, :. :. :. :. :. :. :. :.. ~ The Planning and Zoning Board initially considered the LDR amendments at its meeting on February 24, 1997. They had numerous questions and comments, and decided to hold a workshop to review the ordinance in detail. The workshop was held on March 10th, and was attended both by members of the public and the telecommunications industry. The Board made several modifications, including limiting the maximum height of towers to 125' (unless additional height is necessary for colocation or public safety needs), and specifying requirements for line-of-sight analyses. On March 17, 1997, the Board held a public hearing on the ordinance, and recommended unanimously that it be approved. Following the Board's consideration, staff made certain changes to ensure consistency between the various sections of the ordinance. All of the waiver provisions were moved to one section, the line of sight analysis requirements were clarified, and reference was made to the required findings for conditional use approval. By motion, approve the amendments to the LDRs, adding Section 4.3.3(S), Telecommunications Towers and Antennas, and amending Sections 4.4.9, General Commercial (GC) District; 4.4.13. Central Business District (CBD); 4.4.20, Industrial (I) District; 4.4.21, Community Facilities (CF) District; 4.4.26, Light Industrial (LI) District; 4.4.27, Open Space and Recreation (OSR) District; and Appendix "A" DEFINITIONS; as provided in the attached ordinance. Attachment: · Ordinance by others CITY OF DELRAY BEACH NOTICE OF PERMITTED USE AND CONDITIONAL USE CHANGE FOR TELECOMMUNICATION TOWERS AND ANTENNAS The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 21-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS 4.4.9(D)(7), 4.4.13{D)(6), 4.4.20(D)(3), 4.4.21(D)(5), 4.4.26(D)(2), AND 4.4.27(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE DELETION OF COM- ........ "~ MUNICATION AND TRANSMISSION FACILITIES/TOWERS AS A CONDITIONAL ~11 · {,-' ,:~-~ ~,~ ~.~ ~.~, ~ USE IN THE GENERAL COMMERCIAL (GC), CENTRAL BUSINESS (CBD) DIS- · ~... · (; {~ · ~ ~. - TRICT, INDUSTRIAL (I), COMMUNITY FACILITIES (CF), LIGHT INDUSTRIAL ~ (LI), AND OPEN SPACE AND RECREATION (OSR) ZONING DISTRICTS; · · ~ ~ ~ · · ~ ~ AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC · ~ : ' ~/ ~' · ~, .'-~.~ USES", BY ENACTING A NEW SUBSECTION 4.3.3(S), "'I'ELECOMMUNICA- · · ~-~- '--'~ O ~ · '~ ~ TION TOWERS AND ANTENNAS", TO PROVIDE FOR REGULATIONS ESTAB- J{: ~" ~- (~1 · ~, ~l~ LISHING FREESTANDING TELECOMMUNICATION TOWERS AS A PERMIT- TED USE INTHE PLANNED COMMERCIAL (PC), PLANNED COMMERCE CEN- C"~ ~-" ~ · · ~;'." ~1 TEE (PCC), MIXED INDUSTRIAL AND COMMERCIAL (MIC), LIGHT INDUSTRI- · ~,~; ~ ~.~, ~ ~'~'~' ~ t~f AL (El), INDUSTRIAL (I), OPEN SPACE AND RECREATION (OSR), AND COM- MUNIT~Y FACILITIES (CF) ZONING DISTRICTS FOR MONOPOLE TOWERS '- ~--~ HAVING A MAXIMUM HEIGHT OF 64 FEET, OR AS A CONDITIONAL USE IN THE PLANNED COMMERCE CENTER (PCC), MIXED INDUSTRIAL AND COM- MERCIAL (MIC), LIGHT INDUSTRIAL (LI), INDUSTRIAL (I), OPEN SPACE AND RECREATION (·SE), AND COMMUNITY FACILITIES (CF) ZONING DISTRICTS FOR MONOPOLE TOWERS HAVING A MAXIMUM HEIGHT GREATER THAN 64 FEET; TO PROVIDE FOR DEVELOPMENT STANDARDS AND CRITERIA, APPLICATION REQUIREMENTS, INSPECTIONS, CO-LOCATION REQUIRE- MENTS, USE OF CITY-OWNE~D PROPERTY FOR TELECOMMUNICATION FACILITIES, REVIEW AND APPROVAL PROCESS, AND WAIVERS TO LOCA- TION, HEIGHT, AND CO-LOCATION REQUIREMENTS BASED ON FINDINGS MADE BY THE CITY. COMMISSION; TO PROVIDE FOR REGULATIONS GOV* ERNING EXISTING TOWERS, ABANDONED TOWERS AND ANTENNAS NOT LOCATED ON TELECOMMUNICATION TOWERS; AMENDING APPENDIX A, "DEFINITIONS", TO PROVIDE DEFINITIONS FOR THE TERMS "ANTENNA", "GUYED TOWER", "MONOPOLE TOWER", "PANEL ANTENNA", "SELF-SUP- PORT/LATTICE TOWER", "STEALTH FACILITY", "TELECOMMUNICATION TOWER", AND "WHIP ANTENNA"; PROVIDING A GENERAL REPEALER CLAUSE, A sAVING CLAUSE, AND AN EFFECTIVE DATE. The city Commission will conduct two (2) Public Hearings for the purpose of ~.~- accepting public testimony regarding the proposed ordinance. The first Public .;'-- Hearing will be held on TUESDAY. APRIL 15. 1997. AT 7:00 P.M. (or at any con- -;,,.,~ tinuation of such meeting which is set by the Commission), in the Commission '~ Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the ordi- nance is passed on first reading, a second Public Hearing will be held on TUES- ~ DAY. MAY 6, 1¢J~7. AT 7:00 P.M. (or at any continuation of such meeting which is set by the Ce. remission). ' All intereste~ citizens are invited to attend the public headng and comment upon ...... the proposed ordinance or submit their comments in writing on or before the date f-'"~ ~ ¢ ~ ~.~; ' of these hearings to the Planning and Zoning Department. For further information ~·(z.~ ,.~ ~.'- ~ · ~. -' 1 or tO obtain a copy of the proposed ordinance, please contact the Planning and · .~ Zoning Department City 'Hall, 100 N.W, 1st Avenue, Delray Beach, Florida 33444 .' ',;~-" Phone 4.07/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday ~1 · (~' : . ~- ~ · ~-,..;'~ through Friday, excluding holidays. · <'; {~ · -'~ ? {~ PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECl- ~ · ( -~'_..'~- ". ' ~ · ~!. ;'-" SION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER .....: ;~ CONSIDERED AT THIS HEARING, SUCH PERSON MAY NEED TO ENSURE · · ~. (._~, ~..~. ~ ~ ~<..,~ ~.~ THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE ~:/ UPON WHICH THE APPEAL IS TO BE BASED· THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD· PURSUANT TO FS. 286;0105. PUBLISH:. Boca Raton News CITY OF DELRAY BEACH ·. April 9,1997 Alison MacGregor Harty April 30, 1997 City Clerk, AD #747336 1CA ~ HatCh News, Wednesday, April 30, 1997 CITY OF DELRAY BEACH ' NOTICE OF PERMITTED USE AND CONDITIONAL USE CHANGE FOR TELECOMMUNICATION TOWERS AND ANTENNAS The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 21-97 AN ORDINANCE OF THE CITY .COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS 4.4.9(D)(7), 4.4.13(D)(6), 4.4.20(D)(3), 4.4.21(D)(5), 4.4.26(D)(2), AND 4.4.27(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE DELETION OF COM- MUNICATION AND TRANSMISSION FACILITIES/TOWERS AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL (GC), CENTRAL BUSINESS (CBD) DIS- TRICT, INDUSTRIAL (I), COMMUNITY FACILITIES (CF), LIGHT INDUSTRIAL (LI), AND OPEN SPACE AND RECREATION (OSR)ZONING DISTRICTS; AMENDING SECTION 4.3.3, 'SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW SUBSECTION 4.3.3(S), "TELECOMMUNICA- TION TOWERS AND ANTENNAS", TO PROVIDE FOR REGULATIONS ESTAB- LISHING FREESTANDING TELECOMMUNICATION TOWERS AS A PERMIT- TED USE IN THE PLANNED COMMERCIAL (PC), PLANNED COMMERCE CEN- TER (PCC), MIXED INDUSTRIAL AND COMMERCIAL (MIC), LIGHT INDUSTRI- AL (LI), INDUSTRIAL (I), OPEN SPACE AND RECREATION (OSR), AND COM- MUNITY FACILITIES (CF) ZONING DISTRICTS FOR MONOPOLE TOWERS HAVING A MAXIMUM HEIGHT OF 64 FEET, OR AS A CONDITIONAL USE IN THE PLANNED COMMERCE CENTER (PCC), M~XED INDUSTRIAL AND COM- MERCIAL (MIC), LIGHT INDUSTRIAL (LI), INDUSTRIAL (I), OPEN SPACE AND RECREATION (OSR), AND COMMUNITY FACILITIES (CF) ZONING DISTRICTS FOR MONOPOLE TOWERS HAVING A MAXIMUM HEIGHT GREATER THAN 64 FEET; TO PROVIDE FOR DEVELOPMENT STANDARDS AND CRITERIA, APPLICATION REQUIREMENTS, INSPECTIONS, CO-LOCATION REQUIRE- MENTS, USE OF CITY-OWNED PROPERTY FOR TELECOMMUNICATION FACILITIES, REVIEW AND APPROVAL PROCESS, AND WAIVERS TO LOCA- TION, HEIGHT, AND CO-LOCATION REQUIREMENTS BASED ON FINDINGS MADE BY THE CITY COMMISSION; TO PROVIDE FOR REGULATIONS GOV- ERNING EXISTING TOWERS, ABANDONED TOWERS AND ANTENNAS NOT LOCATED ON TELECOMMUNICATION TOWERS; AMENDING APPENDIX A, 'DEFINITIONS", TO PROVIDE DEFINITIONS FOR THE TERMS "ANTENNA", "GUYED TOWER", "MONOPOLE TOWER", "PANEL ANTENNA", ~SELF-SUP- PORT/LATTICE TOWER", "STEALTH FACILITY", "TELECOMMUNICATION TOWER", AND "WHIP ANTENNA"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two, (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY. APRIL 15. 1997. AT 7:00 P.M. (or at any con- tinuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W..1st Avenue, Delray Beach, Florida. If the ordi- nance is passed on first reading, a second Public Hearing will be held on TUES- DAY. MAY 6. 1997. AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). All interested citizens are invited to attend the public hearing and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department City Hall, 100 N.W, 1st Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE'BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECI- SION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA'FI'ER CONSIDERED AT THIS HEARING, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: Boca Raton News CITY OF DELRAY BEACH Apdl 9,1997 Aliso~ MacGregor Harly April 30, 1997 City Clerk AD #747336 CITY OF DELRAY BEACH NOTICE OF PERMITTED USE AND CONDITIONAL USE CHA~GE FOR TELECOMMUNICATION TOWERS AND ANTENNAS The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 21-97 AN ORDINANCE OF THE CITY COMMISSION/~F THE CITY OF~ELRAY BEACH, FLORIDA, AMENDING SECTIONS ~v4.4.9~D) (7), v~. 4.13 (D) (6), ~4.4.201D) (3), ~.4.21(D) (5), 4~.4.2~) (2J~ AND ~/4.4.27(D), "~NDiTIO~L USE~ ~ ~-0CTURE~A~L--C~D'7~, ~F LAND ~EVELbPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE DELETION OF COMMUNICATION AND TRANSMISSION FACILITIES/TOWERS AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL (GC), CENTRAL BUSINESS (CBD) DISTRICT, INDUSTRIAL (I), COMMUNITY FACILITIES (CF), LIGHT INDUSTRIAL (LI), AND OPEN SPACE AND RECREATION (OSR) ZONING DISTRICTS; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW SUBSECTION 4.3.3(S), "TELECOMMUNICATION TOWERS AND ANTENNAS", TO PROVIDE FOR REGULATIONS ESTABLISHING FREESTANDING TELECOMMUNICATION TOWERS AS A PERMITTED USE IN THE PLANNED COMMERCIAL (PC), PLANNED COMMERCE CENTER (PCC), MIXED INDUSTRIAL AND COMMERCIAL (MIC), LIGHT INDUSTRIAL (LI), INDUSTRIAL (I), OPEN SPACE AND RECREATION (OSR), AND COMMUNITY FACILITIES (CF) ZONING DISTRICTS FOR MONOPOLE TOWERS HAVING A MAXIMUM HEIGHT OF 64 FEET, OR AS A CONDITIONAL USE IN THE PLANNED COMMERCE CENTER (PCC), MIXED INDUSTRIAL AND COMMERCIAL (MIC), LIGHT INDUSTRIAL (LI), INDUSTRIAL (I), OPEN SPACE AND RECREATION (OSR), AND COMMUNITY FACILITIES (CF) ZONING DISTRICTS FOR MONOPOLE TOWERS HAVING A MAXIMUM HEIGHT GREATER THAN 64 FEET; TO PROVIDE FOR DEVELOPMENT STANDARDS AND CRITERIA, APPLICATION REQUIREMENTS, INSPECTIONS, CO-LOCATION REQUIREMENTS, USE OF CITY-OWNED PROPERTY FOR TELECOMMUNICATION FACILITIES, REVIEW AND APPROVAL PROCESS, AND WAIVERS TO LOCATION, HEIGHT, AND CO-LOCATION REQUIREMENTS BASED ON FINDINGS MADE BY THE CITY COMMISSION; TO PROVIDE FOR REGULATIONS GOVERNING EXISTING TOWERS, ABANDONED TOWERS AND ANTENNAS NOT LOCATED ON TELECOMMUNICATION TOWERS; AMENDING APPENDIX A, "DEFINITIONS" , TO PROVIDE DEFINITIONS FOR THE TERMS "ANTENNA" , "GUYED TOWER" , "MONOPOLE TOWER" , "PANEL ANTENNA" , "SELF-SUPPORT/LATTICE TOWER", "STEALTH FACILITY" , "TELECOMMUNICATION TOWER" , AND "WHIP ANTENNA"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. CITY OF DELRAY BEACH --~-"~ NOTICE OF PERMITTED USE AND CONDITIONAL USE CHANGE FOR TELECOMMUNICATION TOWERS AND ANTSR~NAS The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: AN ORDINANCE OF THE CITY COMMISSION OF THE~T~Y OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.3, "S~ECIAL REQUIREMENTS FOR SPECIFIC USES", OF THE LAND DEVELOPM~2~T REGULATIONS OF THE CITY OF DELRAY BEACH, BY ENACTING/~ NEW SUBSECTION 4.3.3(S), "TELECOMMUNICATION TOWERS AND AN/T~ENNAS"; AMENDING SECTIONS 4.4.9, "GENERAL COMMERCIAL (GC) DI S~RTCT" , 4 . 4 . 13, "CENTRAL BUSINESS (CBD) DISTRICT", 4.4.20, /~INDUSTRIAL (I) DISTRICT", 4.4.21, "COMMUNITY FACILITIES J~F) DISTRICT" , AND 4 . 4 . 26, "LIGHT INDUSTRIAL (LI) DISTRICt/, BY DELETING REFERENCE TO COMMUNICATION AND TRANSMISSION FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 4.4.27, "OPEN SPACE AND RECREATION (OSR) DISTRICT", BY DELETING SUBSECTIO/~ 4.4.27(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AMEND/~NG APPENDIX A, "DEFINITIONS", TO PROVIDE DEFINITIONS FO~ 'ANTENNAI' , "GUYED TOWER" , "MONOPOLE TOWER" , "PANEL ANTENNa" ,SELF-SUPPORT/LATTICE TOWER", "STEALTH FACILITY", "TELECOMMUNICATION TOWER", AND "WHIP ANTENNA"; ALL TO ESTABLISH SPECIFIC ~EQUIREMENTS FOR THE SITING AND INSTALLATION OF TELECOMMUN CATION TOWERS AND ANTENNAS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY, APRIL 15, 1997, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY, MAY 6, 1997, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: The News CITY OF DELRAY BEACH April 8, 1997 Alison MacGregor Harty April 30, 1997 City Clerk Instructions to NewsDaper: This ad is not to be placed in the legal ads/classified section of the newspaper. It must be at least two standard columns wide and ten inches long. The entire headline [NOTICE OF PERMITTED USE AND CONDITIONAL USE CHANGE FOR TELECOMMUNICATION TOWERS AND ANTENNAS] must be an 18 Doint bold headline. Thank you. LDR AMENDMENTS RE: TELECOMMUNICATION FACILITIES Additions to the DEFINITIONS section of the LDRs ANTENNA: A transmitting and/or receiving device used for personal wireless services that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, but excluding radar antennas, amateur radio antennas, and satellite dish antennas. GUYED TOWER: A telecommunication tower that is supported, in whole or in part, by guy wires and ground anchors. MONOPOLE TOWER: A telecommunication tower consisting of a single pole or spire self supported by a permanent foundation, constructed without guy wires and ground anchors. PANEL ANTENNA: An array of antennas designed to concentrate a radio signal in a particular area. SELF-SUPPORT/LATTICE TOWER: A telecommunication tower that is constructed without guy wires and ground anchors. STEALTH FACILITY: Any telecommunication facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunication towers designed to look like light poles, power poles, or trees. TELECOMMUNICATION TOWER: A guyed, monopole, or self-support/lattice tower, constructed as a free-standing structure, containing one or more antennas used in the provision of personal wireless services. WHIP ANTENNA: A cylindrical antenna that transmits signals in 360 degrees. Add the following subsection to LDR Section 4.3.3: 4.3.3 (S) Telecommunication Towers and Antennas: (1) Purpose and Intent. The regulations and requirements of this section are intended to: (a) Promote the health, safety and general welfare of the citizenry; (b) Provide for the appropriate location and development of telecommunication towers and antennas within the City; (c) Minimize adverse visual impacts of telecommunication towers and antennas through careful design, siting, and screening criteria; (d) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; and (e) Protect residential areas and land uses from potential adverse impacts of telecommunication towers and antennas by maximizing use of any new or existing telecommunication towers through shared use, i.e., co-location, to reduce the number of towers. (2) Freestanding Telecommunication Towers: Freestanding telecommunication towers are permitted as follows: (a) Monopole towers having a maximum height of 64 feet are a permitted use in the following zoning districts: 1. Planned Commercial (PC) 2. Planned Commerce Center (PCC) 3. Mixed Industrial and Commercial District (MIC) 4. Light Industrial (LI) 5. Industrial (I) 6. Open Space and Recreation (OSR) 7. Community Facilities (CF) (b) Monopole towers having a maximum height greater than 64 feet may be permitted as a conditional use in the following zoning districts: 1. Planned Commerce Center (PCC) 2. Mixed Industrial and Commercial District (MIC) 3. Light Industrial (LI) 4. Industrial (I) 5. Open Space and Recreation (OSR) (on sites greater than 10 acres in size) 6. Community Facilities (CF) (on sites greater than 10 acres in size) Page 2 (c) Notwithstanding the above listed requirements, monopole towers greater than 64 feet in height are a permitted use when located on the public properties listed below. Towers that are to be located on these properties are not subject to the minimum separation requirement between towers. Towers shall be located so as to create the least potential visual impact on adjacent rights-of-ways and residential areas. 1. Miller Park, 1905 S.W. 4th Avenue 2. Delray Beach Municipal Golf Course, 2200 Highland Avenue 3. Public Works Complex, 434 S. Swinton Avenue 4. South Central Regional Wastewater Treatment Facility, 1801 N. Congress Avenue (d) Lattice and guyed towers may be permitted as a conditional use in the following zoning districts: 1. Community Facilities (CF) (on sites greater than 10 acres in size) 2. Industrial (I) (e) Development Standards and Criteria: 1. Heio_ht: a. Tower height shall not exceed 125 feet unless a waiver is granted pursuant to subsection 4.3.3(S)(7) b. Tower height is to be measured from the crown of the road of the nearest public right of way. The measurement of the tower height shall include any apparatus that extends above the tower structure, with the following exceptions: (1) Lightning rods, safety lighting, and any other apparatus required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC) to ensure the safe operation of the facility. (2) Whip antennas not exceeding 6 inches in diameter may extend 10 feet above the height of the tower structure. 2. Setbacks: a. Towers shall be located a minimum of fifty (50) feet from any existing or proposed public street right-of-way line. b. The minimum distance between a monopole tower and the nearest property line of a residential zoning district shall be equal to 200% of the height of the tower. Page 3 c. The minimum distance between a lattice or guyed tower and the nearest property line of a residential zoning district shall be equal to 400% of the height of the tower. d. Monopole, lattice, or guyed telecomunication towers shall not be located within one thousand (1,000) feet of any existing monopole, lattice, or guyed telecommunication tower. e. Equipment buildings and other structures associated with a telecommunication tower shall conform to the setbacks established for the underlying zoning district. 3. Buffering Requirements: a. An eight foot high fence or wall shall be constructed around the base of a telecommunication tower. The fence or wall shall be screened in accordance with LDR Section 4.6.5. b. Accessory equipment and structures shall be screened in accordance with Section 4.4.16. c. Landscaping may be required around anchors or supports, as well as around the perimeter of the site on which the tower is located, in order to enhance compatibility with adjacent properties. 4. High Voltage and "No Trespassing" warning signs a. If high voltage is necessary for the operation of the telecommunication tower or any accessory structures, "HIGH VOLTAGE - DANGER" warning signs shall be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart. b. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart. c. The letters for the above described signs shall be at least six (6) inches in height. The two warning signs may be combined into one sign. Warning signs shall be installed at least five (5) feet above the finished grade of the fence. d. Where the warning signs could be obscured by landscaping, they may be installed on free standing poles, at least (5) feet above the finished grade. 5. Signs and Advertising: The use of any portion of a tower for signs or advertising purposes, including company name, banners, streamers, etc. is strictly prohibited. 6. Color: Except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over telecommunication towers, telecommunication towers shall be constructed in neutral colors, designed to blend into the surrounding environment, such as non- contrasting gray. Page 4 7. Lighting: Artificial tower lighting shall be limited to mandatory safety lighting required by county, state, or federal regulatory agencies possessing jurisdiction over telecommunication towers. Security lighting around the base of a tower may be provided if such lighting conforms to the requirements with Section 4.6.8. 8. Hazardous Materials: Review and approval by the Fire Marshal is required where telecommunication towers are proposed within two hundred feet of a proposed or existing principal use which includes the storage, distribution, or sale of volatile, flammable, explosive, or hazardous wastes such as LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals, unless such materials are used for backup power purposes. 9. Equipment Storage: Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the telecommunication tower, unless repairs to the tower are being made. (f) Required Information: All applications for telecommunication towers shall contain the following information: 1. Standard application items pursuant to 2.4.3(A). 2. Site plan showing the location, dimensions, and elevations of the tower and accessory structures. 3. An aerial photograph produced at a scale of not less than one inch equals 300 feet (1"=300') indicating all residential land uses and all existing telecommunication towers located within 1,500 feet of the proposed tower. 4. Landscape plan pursuant to 4.4.16. 5. A statement prepared by a professional registered engineer licensed to practice in the State of Florida, which through rational engineering analysis certifies the tower's compliance with applicable standards as set forth in the Standard Building Code, and any associated regulations; and describes the tower's capacity, including an example of the number and type of antennas it can accommodate. For all towers attached to existing structures, the statement shall included certification that the structure can support the load superimposed from the tower. 6. Verification that the telecommunication tower and antenna is in compliance with Federal Aviation Administration (FAA) regulations. 7. Written approval or a statement of no objection from other federal or state agencies that may regulate telecommunication tower siting, design, and construction. 8. Verification that the facility has been licensed by the Federal Communications Commission (FCC). 9. A certified statement that the construction and placement of the tower will not unnecessarily interfere with public safety communications and the usual and customary transmission or reception of radio and television service enjoyed Page 5 by adjacent residential and nonresidential properties. A statement shall be prepared by a radio frequency engineer identifying any interference that may result from the proposed construction and placement. 10.A line of sight analysis shall be required to assess the tower's visual impact on residential areas. Such analysis shall include a visual representation of the tower on the site, and an illustration of its impact when viewed from at least three (3) specific points within a 1,000 foot radius of the proposed tower location. The exact location of the points to be included in the analysis shall be coordinated with Planning and Zoning Department staff. (g) Inspections: 1. The owner of a telecommunication tower shall have the tower periodically inspected for structural and electrical integrity by an engineer licensed to practice in the State of Florida, in accordance with the following schedule: a. Monopole: at least once every five (5) years b. Self-support lattice: at least once every two (2) years c. Guyed: at least once every two (2) years 2. Inspections may be required on a more frequent basis if there is reason to believe that the structural or electrical integrity of the tower is jeopardized. 3. Reports detailing the results of the inspections shall be submitted to the Chief Building Official. Based upon the results of an inspection, the Chief Building Official may require repair or removal of a telecommunication tower. 4. The City Commission may approve an alternative inspection program when the Chief Building Official has determined that the alternative program is sufficient to ensure the safety of the facility. 5. The City may conduct its own periodic inspections of a telecommunication tower to ensure its structural or electrical integrity. (h) Existing Towers: 1. Notwithstanding the above provisions of this section, whip and panel type telecommunication antennas may be placed on existing towers with sufficient loading capacity after approval by the Chief Building Official. Any other type of antenna requires a modification of the conditional use approval. The loading capacity of a tower shall be certified by an engineer licensed to practice in the State of Florida. Page 6 2. Notwithstanding the provisions of this section, towers in existence as of (insert date of approva/of ordinance) may be replaced with a tower of equal or less visual impact upon approval by the Planning and Zoning Director, provided that the following criteria are met: a. The tower meets the minimum requirements of this section; or b. The tower received conditional use approval prior to (insert date of approva/ of ordinance). Replacement of existing towers which do not meet the above specified criteria may be approved by the City Commission as a new conditional use. (i) Abandoned Towers: 1. A tower shall be considered abandoned if its use for telecommunication service has been discontinued for one hundred eighty (180) consecutive days. All abandoned or unused telecommunication tower facilities shall be removed by the tower owner/operator within ninety days (90) days of abandonment. 2. Where a tower is abandoned but not removed within the specified time frame, the City may remove or demolish the tower and place a lien on the property following the procedures (but not the criteria) for demolition of unsafe buildings/structures contained in Article 7.8 of the LDRs, Unsafe Buildings or Structures. Telecommunication towers being utilized for other purposes, including but not limited to light standards and power poles, may be exempt from this provision. (3) Antennas Not Located on Telecommunication Towers: (a) Non stealth and stealth antennas mounted on rooftops, buildings, or other structures which constitute a principal use, are a permitted use in the following zoning districts, subject to the limitations and requirements contained herein: 1. Medium Density Residential (RM) 2. General Commercial (CC) 3. Central Business District (CBD) 4. Central Business District-Railroad Corridor (CBD-RC) 5. Automotive Commercial (AC) 6. Planned Commercial (PC) 7. Resort/Tourism (RT) 8. Planned Office Center (POC) 9. Professional and Office District (POD) 10. Planned Commerce Center (PCC) 11. Mixed Industrial and Commercial (MIC) 12. Industrial (I) 13. Light Industrial (LI) 14. Community Facilities (CF) Page 7 15. Open Space and Recreation (OSR) (b) Non-Stealth Antennas: 1. Shall only be permitted on buildings or structures which are at least fifty (50) feet tall. Antennas may be placed on buildings or structures less than fifty (50) feet tall in the CF or OSR zoning districts if public safety needs warrant the antenna. 2. Shall be placed in a manner so as to minimize the visual impact of the antenna on adjacent properties, and shall be of a color which matches the exterior of the building or structure upon which it is situated. 3. May not extend more than ten (10) feet above the highest point of the roof or structure. Antennas may exceed this maximum height in the CF or OSR zoning districts if public safety needs warrant the antenna. 4. Shall be accompanied by a statement which demonstrates in a technical manner why a stealth antenna cannot be used for the particular application. 5. Require approval by the Site Plan Review and Appearance Board. (c) Stealth Antennas: 1. May extend up to twenty (20) feet above the highest point of the roof or structure. If a greater height is necessary, the antenna must be approved by the Site Plan Appearance and Review Board. 2. Requires approval by the Director of Planning and Zoning to ensure that the antenna is consistent with the definition of a stealth facility. (d) Requirements and Standards: 1. Each application shall contain a rendering or photograph of the antenna including, but not limited to, colors and screening devices. 2. No commercial advertising shall be allowed on an antenna or on the screening devices or elements. 3. The antenna must be in compliance with FAA requirements. No signals, lights, or illumination shall be permitted on an antenna, unless required by the FCC or FAA. 4. Any related unmanned equipment building shall not contain more than 750 square feet of gross floor area or be more than twelve feet in height; and Page 8 5. If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than twenty five percent (25%) of the roof area. 6. An antenna proposed for location on a structure or site that is listed on the local or national register of historic places, or is located within a designated historic district, may be denied if the antenna creates an adverse impact on the historic character of the structure, site, or district. (4) Co-location: (a) In order to minimize adverse visual impacts associated with a proliferation of towers, co-location of communication antennas by more than one provider on existing or new telecommunication towers shall take precedence over the construction of new single use telecommunication towers. An application for a new tower that is greater than 64 feet in height shall not be approved unless it can be demonstrated by the applicant that there is a need for the new tower which cannot be met by placing the antenna on an existing tower. Accordingly, the following requirements apply to each application for a new telecommunication tower that is greater than 64 feet in height. 1. All new telecommunication towers shall be constructed so as to have the capacity to permit multiple uses. Monopole towers shall be able to accommodate a minimum of two (2) users, and lattice or guyed towers shall be able to accommodate a minimum of three (3) users. 2. All applications for new telecommunication towers shall include a written analysis of the feasibility of sharing any existing telecommunication tower located within a half-mile radius of the proposed tower site. The analysis shall consider the following factors: a. Availability of existing towers for co-location. b. Structural capacity of existing tower or towers. c. Geographic service area requirements. d. Radio frequency interference. e. Mechanical or electrical incompatibility. f. Restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the tower. g. Any other information that would demonstrate the need for the new tower. 3. An existing telecommunication tower that is determined to be inappropriate for sharing shall be assumed to be inappropriate for sharing the same types of facilities in the future. Such towers will not need to be evaluated in the future regarding sharing with the same type of facility for which it has been Page 9 determined to be inapprOpriate. The Planning and Zoning Department shall retain a list of such towers, and will provide a copy of the list to all potential applicants. The City may require additional sharing feasibility evaluations if warranted by changes in technology. 4. A requirement to allow co-location will be a condition of approval for all new towers. This requirement will be deemed to have been met if the facility owner shows that it has executed a joint use agreement with at least one other unaffiliated entity for shared use, and agrees to offer the same contract to others. In other cases, the facility owner must provide a statement of intent to offer space on the tower on fair, reasonable, nondiscriminatory terms, at fair market value, and to negotiate leases promptly and without undue delay. A condition of any permit for a new telecommunication tower shall be that the permit shall be terminated, and the facility removed, if the City finds that the facility owner is not complying with its obligations under this section. 5. For any telecommunication tower approved for shared use, the owner of the tower shall send a written notice to all potential users of the new tower, informing them of the opportunity for co-location, and including information on the tower's location and load capacity. Copies of the notice letters shall be provided to the City at the time that the application is filed. The list of potential users shall be provided by the Planning and Zoning Department. 6. The City may deny an application if an available co-location is feasible and the application is not for such co-location. 7. The requirement for a new tower to provide for co-location, and the applicable provisions of this subsection, may be waived pursuant to the requirements and findings stipulated in subsection 4.3.3(S)(7). (5) Use of City-Owned Property_ for Telecommunication Facilities: (a) No municipally-owned property may be used without a lease agreement with the City. The City shall authorize the application and use of City property after the applicant executes a lease agreement that is acceptable to the City. The City shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth in this section. (b) The City may, as appropriate, to protect its property and the public interest, establish additional requirements beyond the minimum requirements of this section for facilities located on municipally owned property. (c) The City may issue letters of interest for the purposes of leasing sites on designated City property for the construction and installation of personal wireless Page 10 service facilities. The City will encourage the installation of facilities which have a minimal impact on the surrounding areas and are consistent with the development of the public property on which the facility is located. (6) Review and Approval Process (a) The City shall process all applications for telecommunication towers and antennas in a timely manner and in accordance with established procedures. The reason for the rejection or denial of any application filed in accordance with the provisions of this section shall be set forth in writing. (b) All conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). In addition to the requirements of that section, the following finding must be made in connection with a conditional use approval for a new communication tower: That the visual impact of the tower has been minimized to the greatest extent possible through careful design, siting, and screening. (7) Waivers (a) The City Commission may waive the requirements of this section pursuant to the authority granted in Section 2.4.7 (B). In addition to the requirements and standards specified in that section, the following findings which are applicable to the nature of the waiver must be made: 1. Waiver of Locational Restrictions Finding: That approval of the waiver will allow for the construction of a facility at a location that is more appropriate than sites which comply with the zoning and separation requirements, based upon factors such as its distance from residential uses, existence of permanent screening or buffers, and location within a large-scale non-residential area. 2. Waiver of Height Restrictions At least one of the following findings must be made: a. That a height greater than 125 feet is necessary to accommodate co-location by another provider, and it has been illustrated through a line of sight analysis that the additional height will not significantly impact residential neighborhoods. Waivers granted pursuant to this provision shall not allow heights in excess of 150 feet. Page 11 b. That a height greater than 125 feet is required to meet public safety needs. c. Waiver of Colocation Requirements Finding: That it has been specifically demonstrated through data and analysis that co-location is not feasible because of factors such as site constraints, radio frequency (RF) interference, geographic service area incompatibilities, mechanical or electric incompatibilities, or similar circumstances. Amend the following LDR sections as described*: 4.4.9 General Commercial (GC) District (D) Conditional Uses and Structures Allowed: (7) c~, ....~""*""" 4.4.13 Central Business District (D) Conditional Uses and Structures Allowed: 4.4.20 Industrial (I) District (D) Conditional Uses and Structures Permitted: 4.4. 21 Community Facilities (CF) District (D) Conditional Uses and Structures Allowed: (5) Special Services and Facilities, such as: privately operated parking lots and garages; stadiums and arenas; refuse transfer stations; and power transfer stations; o"'~ Page 12 4.4.26 Light Industrial (LI) District (D) Conditional Uses and Structures Allowed: (2) r, ...... i,.~:~,- 4.4127 Open Space and Recreation (OSR) District ' t~' OS *NOTE: Words struck through are being deleted; words underlined are being added. The subsections following those described above will be renumbered accordingly. Page 13