Ord 37-03ORDINANCE NO. 37-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DF, I,RAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, AMENDING CHAPTER FOUR,
"ZONING REGULATIONS", BY AMENDING SECTION
4.3.3(S), "TELECOMMUNICATION TOWERS AND
ANTENNAS", IN ORDER TO PROVIDE AN UPDATED
ORDINANCE IN ACCORDANCE WITH NEW STATE
LAWS REGARDING TELECOMMUNICATIONS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, the City Commission desires to have an up to date Code of Ordinances that is
consistent with state law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL1LAY BEACH, FLORIDA:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.3.3(S),
"Telecommunication Towers and Antennas", be, and the same is hereby amended as follows:
(f) Require0 Infonnatiom
All applications for telecommunication towers contain the following
information:
1. Standard application items pursuant to 2.4.3(A).
Site plan showing the location, dimensions, and elevations of the
tower and accessory structures.
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.
A stafement 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.=.
Written approval or a statement of no objection fi:om other federal
or state agencies that may regulate telecommunication tower siting,
design, and construction.
& 7~ Verification that the facility has been licensed by the Federal
Communications Commission (FCC).
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 engineer identifying any interference
that may result fi:om the proposed construction and placement.
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 fi:om at least three (3) specific p(mts 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.
Section 2. That Chapter Four, "Zoning Regulations", Section 4.3.3(S),
"Telecommunication Towers and Antennas", be, and the same is hereby amended as follows:
2 ORD. NO. 37-03
(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.
Application for new tower permits will be processed within ninety.
(90) business days of receipt of a properly completed application.
(.2)
Applications for co-location permits will be processed within forty-
five (.45) business days of receipt of a properly completed application.
(3)
The City will notify, permit applicants within twenty (20) bus'mess
days after the date of submission of an application whether the
application is for administrative purposes only, properly completed
and properly submitted.
(b)
A waiver of the 6me frames set forth above must be voluntarily agreed t9 by
the applicant and the City. except in the case of a declared local, state or
federal emergency that directly affects the administration of all permitting
activities of the City..
The reason for the re!ection or denial of any application filed in accordance
with the provisions of this section shall be set forth in writing within the
above specified time frames.
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:
O)
That the visual impact of the tower has been minimized to the
greatest extent possible through careful design, siting, and screening.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
3 ORD. NO. 37-03
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
P~_ _~E~_ _ ADOPTED, 2003.in reg,,'~ session on second and final reading on this ~t
day
of
CITY CLERK
First Reading ~"~.~2
Second
4 ORD. NO. 37--03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~gL\'{Sx ~
AGENDA ITEM # ~ x~t~.2 . RE~;ULAR MEETING OF O~TQBER 7, 2093
ORDINANCE NO. 37-03 (.AMENDING LAND DEVELOPMENT
REGULATIONS. SECTION 4.3.3(S) "TELECOMMUNICATION TOWERS
AND ANTENNAS")
OCTOBER 3, 2003
This ordinance is before Commission for second reading to amend the Land Development
Regulations, Section 4.3.3(S), "Telecommunication Towers and Antennas", to reflect recent state law
changes.
At the first reading on September 23, 2003, the Commission passed Ordinance No. 37-03.
Recommend approval of Ordinance No. 37-03 on second and final reading.
S:\City Clerk\agenda merno~.Otd 37.03.Telecorccnunication Towersl0.07.03
TO:
THRU:
FROM:
SUBJECT:
JASMIN ALLEN, PLANNER
MEETING OF SEPTEMBER 23, 2003
CONSIDERATION OF AN AMENDMENT TO THE LAND DEVELOI~MENT
REGULATIONS SECTION 4.3.3 (S) "TELECOMMUNICATION TOWERS AND
ANTENNAS" TO REFLECT RECENT CHANGES IN STATE LAWS
The proposed text amendments are to modify LDR Section 4.3.3(S) "Telecommunication'.
Towers and Antennas" to achieve consistency with the new State laws. The proposed
amendment provides the timeframes in which the City shall grant or deny such applications.
The State law specifies that local governments shall determine within 20 business days of
receipt, if an application has been properly submitted. Additionally, local governments shall
within 45 business days of the receipt of a properly submitted application approve or deny a
request for colocation of antennas and within 90 business days approve or deny a request for
new tower structures.
Additional background and a complete analysis are found in the attached Planning and
Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of
September 15, 2003. There was no public testimony on the proposed text amendment. After
discussing the amendment, the Board voted 6-0 (Jess Sowards abstained) to recommend to
the City Commission approval of the proposed amendment to the Land Development
Regulations, based upon a positive finding with LDR Section 2.4.5(M)(5), that while the
amendment does not specifically further the Goals, Objectives, and Policies of the
Comprehensive Plan, it is not inconsistent with them.
By motion, approve on first reading the amendment to the Land Development Regulations
regarding Section 4.3.3(S) "Telecommunications Towers and Antennas", based upon positive
findings with LDR Section 2.4.5(M)(5), and setting a public hearing date of October 7, 2003.
Attachments: Planning and Zoning Board Memorandum Staff Report of September 15, 2003
Proposed Ordinance
ORDINANCE NO. 37-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", BY AMENDING SECTION 4.3.3(S),
"TELECOMMUNICATION TOWERS AND ANTENNAS", IN
ORDER TO PROVIDE AN UPDATED ORDINANCE IN
ACCORDANCE WITH NEW STATE LAWS REGARDING
TELECOMMUNICATIONS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida,' has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, the City Commission desires to have an up to date Code of Ordinances that is
consistent with state law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.3.3(S),
"Telecommunication Towers and Antennas", be, and the same is hereby amended as follows:
(f) Required Information:
All applications for telecommunication towers contain the following
information:
1. Standard application items pursuant to 2.4.3(A).
Site plan showing the location, dimensions, a~d elevations of the
tower and accessory structures.
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.
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.
Written approval or a statement of no objection from other federal or
state agencies that may regulate telecommunication tower siting,
design, and construction.
~7_. Verification that the facility has been licensed by the Federal
Communications Commission (FCC).
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
engineer identifying any interference that may result from the
proposed construction and placement.
10.9__.
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.
Section 2. That Chapter Four, "Zoning Regulations", Section 4.3.3(S),
"Telecommunication Towers and Antennas", be, and the same is hereby amended as follows:
2 ORD. NO. 37-03
(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.
(1)
Application for new tower permits will be processed within ninety (90)
business days of receipt of a properly completed application.
(2)
Applications for co-location permits will be processed within forty-five
(45) business days of receipt of a properly completed application.
(3)
The City will notify permit applicants within twenty (20) business days
after the date of submission of an application whether the application
is for administrative purposes only, propedy completed and propedy
submitted.
(b) A waiver of the time frames set forth above must be voluntarily a.qreed to by
the applicant and the City except in the case of a declared local, state or
federal emerqency that directly affects the administration of all permittinq
activities of the City.
(c)
The reason for the rejection or denial of any application filed in accordance
with the provisions of this section shall be set forth in writin.q within the above
specified time frames.
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.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
3 ORD. NO. 37-03
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
of
PASSED AND ADOPTED in regular session on second and final reading on this __
,2003.
day
MAYOR
A'I-FEST:
CITY CLERK
First Reading
Second Reading
4 ORD. NO. 37-03
MEETING OF:
AGENDA ITEM:
SEPTEMBER 15, 2003
IV.B AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 4.3.3(S) "TELECOMMUNICATION
TOWERS AND ANTENNAS"TO REFLECT RECENT CHANGES
IN STATE LAWS
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to the Land Development Regulations regarding Section
4.3.3(S) "Telecommunication Towers and Antennas" to achieve consistency with the
new State laws.
Pursuant to Section 1.1.6 an amendment to the LDRs may not be made until a
recommendation is obtained from the Planning and Zoning Board.
Recently, the Florida Legislature adopted HB 1307, which became effective on July 1,
2003, relating to Wireless Communication Towers and Antennas. The State laws
established state policies which encourage colocation of antennas, specifies the
information local government may require from wireless communications providers and
establishes timeframes for reviewing, granting or denying applications.
With respect to the processing timeframes, the State law specifies that local
governments shall determine within 20 business days of receipt, if an application has
been properly submitted. Additionally, local governments shall within 45 business days
of the receipt of a properly submitted application approve or deny a request for
colocation of antennas and within 90 business days approve or deny a request for new
tower structures. The above timeframes are in effect, except in the case of a declared
local, state or federal emergency that directly affects the administration of all permitting
activities under which circumstances a one time waiver is allowed. The State laws
further allow an extension to the timeframes upon the voluntary agreement of the
applicant and the local government.
The State law also specifies that collocation of wireless communications facilities
proposed at existing sites are allowed as a permitted use, subject to the local building
and land development regulations including aesthetic review.
P&Z Board Memorandum Staff Report
LDR Text Amendment - Telecommunication Towers and Antennas
Page 2
The proposed text amendment modifies the LDRs to be consistent with the changes in
the State law regarding the processing timeframes and the information required from
communications providers.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based
upon a finding that the amendment is consistent with an furthers the Goals, Objectives,
and Policies of the Comprehensive Plan. As noted above, this amendment is being
initiated in order to be consistent with the new enacted State laws. While the
amendment does not specifically further the Goals, Objectives and Policies of the
Comprehensive Plan, it is not inconsistent with them.
By motion, recommend to the City Commission approval of the amendment to the Land
Development Regulations regarding Section 4.3.3(S)"Telecommunication Towers and
Antennas", based upon positive findings with LDR Section 2.4.5(M)(5).
Attachment
· Proposed Ordinance
lOO ~