O97-10ORDINANCE NO. O97-/~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING PART III OF THE CITY CODE OF
ORDINANCES, THE LAND DEVELOPMENT
REGULATIONS, BY CREATING CHAPTER 10, TO BE
ENTITLED "TELECOMMUNICATIONS TOWERS AND
ANTENNAS"; PROVIDING INTENT AND
DEFINITIONS; PROVIDING MINIMUM STANDARDS
FOR LOCATION AND APPROVAL OF
TELECOMMUNICATIONS TOWERS; PROVIDING
MINIMUM STANDARDS FOR LOCATION AND
APPROVAL OF COMMUNICATIONS ANTENNAS;
PROVIDING ADDITIONAL USES; PROVIDING FOR
SHARED USE OF COMMUNICATIONS ANTENNAS;
PROVIDING FOR INSPECTIONS; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Telecommunications Act of 1996, hereinafter "the
Act," was signed into law on February 8, 1996; and
WHEREAS, Section 704 of the Act relating to facilities siting, preserves
the authority of state and local government over decisions on the placement,
construction, and modification of wireless service facilities; and
WHEREAS, the Act provides that regulation of the placement,
construction, and modification of personal wireless service facilities shall not
Unreasonably discriminate among providers of functionally equivalent services
and shall not prohibit or have the effect or prohibiting personal wireless
services; and
WHEREAS, recent changes in state and federal law regarding wireless
communication technology have resulted in an increased demand for the
construction and use of telecommunications towers; and
WHEREAS, the Act further provides that a state or local government
shall act on any request for authorization to place, construct, or modify
personal wireless service facilities within a reasonable period of time after the
request is filed; and
WHEREAS, the City Commission has deemed it to be in the best
interests of the public to impose limitations on the location of
telecommunications towers in a manner which balances the needs of the
telecommunication industry, the consumers of telecommunications services
with the interests of the general public for orderly, aesthetic development
standards.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The aforementioned "Whereas" clauses are hereby ratified
and confirmed and incorporated herein.
Section 2. Chapter 10, Sections 1 through 7 of Part III, Land
Development Regulations of the Code of Ordinances of the City of Boynton
Beach, Florida entitled "Telecommunication Towers and Antennas," is hereby
created to read as follows:
CHAPTER 10. TELECOMMUNICATION TOWERS AND ANTENNAS
Sec. 1. Intent.
The regulations and requirements of this Article are intended to:
2
i. promote the health, safety and general welfare of the citizens by
regulating.the siting of telecommunications towers
ii. provide for the appropriate location and development of
telecommunication towers and antennas within the city;
iii. minimize adverse visual effects of telecommunication towers and
antennas through careful design, siting, landscape screening and
innovative camouflaging techniques;
iv. avoid potential damage to adjacent properties from tower failure through
engineering and careful siting of tower structures;
v. 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 needed.
Section 2. Definitions.
The following words, terms and phrases, when used in this subdivision,
shall have the meanings ascribed to them, except where the context clearly
indicates a different meaning:
Accessory' use: a use incidental to, subordinate to, and subservient to
the main use of the propertv. As defined in this section, an accessory use is a
secondarv use.
Antenna: a transmitting and/or receiving device and/or relays 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, excluding radar antennas,
4/17/97
3
amateur radio antennas and satellite earth stations.
Extraordinary conditions: Subsequent to a hurricane, flood or other
natural disaster.
Guyed tower: a tower that is supported, in whole or in part, by guy
wires and ground anchors.
Microwave dish antenna: a dish-like antenna used to link personal
wireless service sites together by wireless transmission of voice or data.
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.
Roofline: The overall ridge line of the structure which does not include
cupolas, elevator towers, clock towers or other features that are permitted to
exceed the maximum height of the building.
Self-support/lattice tower: a tower that is constructed without guy
wires and ground anchors.
Stealth facility: any telecommunications facility which is designed to
blend into the surrounding environment and which is incorporated into and is
compatible with uses otherwise permissible on site. Examples of stealth
facilities include, but are not limited to, architecturally screened roof-mounted
antennas, antennas integrated into architectural elements, and
telecommunication and/or personal wireless services towers designed to look
like light poles, power poles, clock towers, or trees.
4
Telecommunication tower: a monopole tower, constructed as a free-
standing structure, containing one or more antennas used in the provision of
personal wireless services, excluding radar towers, amateur radio support
structures licensed by the FCC, private home use of satellite dishes and
television antennas and satellite earth stations installed in accordance with
applicable codes.
Whip antenna: a cylindrical antenna that transmits signals in 360
degrees.
Sec, 3. Telecommunications Towers.
(1) Monopole telecommunication towers may be permitted as a
conditional use in accordance with the Land Development Regulations in the
following zoning districts:
(a) (REC) Recreation district greater than five (5) acres. On property
owned by the city, the city shall authorize the application and use
of city property after the applicant executes a lease agreement
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 herein.
(b) (PU) Public Usage. On property owned by the city, the city shall
authorize the application and use of city property after the
applicant executes a lease agreement 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 herein.
(c) Industrial (M-l) zoning district provided the towers are an
accessory use and are reviewed and approved in accordance with
5
the Land Development Regulations of the city. A monopole type
stealth facility must be utilized on vacant property in M-1 zoning
districts.
(2) Stealth towers shall be architecturally compatible with existing
buildings/structures on site; consistent with the character of existing uses on
site; contain communications equipment or devices that it is not readily
identifiable; and shall not exceed 150 feet in height. Lattice or guyed towers
shall not be permitted in the City.
(3) Minimum standards. Every telecommunications tower must meet
the following minimum standards:
(a) Prior to the issuance of a building permit by the building division,
department of development, a site development plan shall be
presented for approval to the planning and zoning department and
the department of development. Each application for a proposed
telecommunication tower shall include all requirements for site
development plan approval as required by the Land Development
Regulations. Each application shall contain a rendering or
photograph of the tower, including but not limited to, colors and
screening devices.
(b) A statement shall be submitted, 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, latest edition, and the Code of Ordinances; and
describes the tower's capacity, including an example of the
4/17/97
4/17/97
(c)
number and type of antennas it can accommodate. No tower
shall be permitted to exceed its loading capacity. For all towers
attached to existing structures, the statement shall include
certification that the structure can support the load superimposed
from the tower. All towers shall have the capacity to permit
multiple users; at a minimum, monopole towers shall be able to
accommodate two (2) users and at a minimum, self-
support/lattice or guyed towers shall be able to accommodate at
least three (3) users.
Height/setbacks and related location requirements.
1. The height of a telecommunications tower shall not exceed
one hundred and fifty (150) feet. Tower height shall be
measured from the crown of the road of the nearest public
street. Lighting and Lightning rods up to eight (8) feet in
length shall not be considered in measuring the height of
the tower.
2. Telecommunication towers shall conform with the setbacks
established for the underlying zoning district.
3. Telecommunication towers shall not be permitted within
two hundred and fifty (250) feet of any residential district
%
or residential portion of a PUD.
Telecommunication towers shall not be located within
seven hundred and fifty (750) feet of any existing
monopole, lattice or guyed telecommunication tower.
7
4t17t97
All buildings and other structures to be located on the same
property as a telecommunication tower shall conform with
the setbacks established for the underlying zoning district.
Waiver or reduction of separation requirements.
a. Waivers or reductions of separation distances
between towers may be approved by the city commission
subject to the criteria contained herein.
b. Requests for waivers or reductions of separation
distances between towers shall be based upon the inability
to collocate on existing towers or structures, the need to
have more than one (1) tower, or the efficient use of
available land within permitted zoning districts. The
decision shall be based upon a finding of compatibility and
competent and substantial evidence that the waiver
request meets one or more of the following criteria:
i. Iocational requirements/limitations as established by
the Federal Aviation Administration (FAA) or the
Federal Communications Commission (FCC) or the
Public Service Commission (PSC), if any;
ii. identification of a more appropriate site that does
not meet the separation requirements above, by
analysis of factors such as distance from residential
uses, existence of permanent screening and buffering,
and location within a large area of commercial or
industrial use;
8
(d)
(e)
(f)
(g)
~t17/97
iii. to avoid the location of a tower on environmentally
sensitive land, a wilderness area, a historical site, or
other sensitive area; or
iv. to reduce the impact on adjacent residential uses.
Aircraft hazard. Prior to the issuance of a building permit by the building
division, department of development, the applicant shall provide
evidence that the telecommunication towers or antennas are in
compliance with Federal Aviation Administration (FAA) regulations.
Where an antenna will not exceed the highest point of the existing
structure upon which it is to be mounted, such evidence shall not be
required. The least intensive nightime method of illumination acceptable
to the FAA shall be utilized.
Approval required from other governmental agencies. Each application
for a telecommunication tower may be required to include written
approval or a statement of no objection from other federal or state
agencies that may regulate telecommunication tower siting, design, and
construction.
FCC emissions standards. All proposed telecommunication towers and
appurtenances and accessory equipment thereto shall comply with
current Federal Communications Commission (FCC) standards for non-
ionizing electromagnetic radiation (NIER) and radio frequency emissions.
Buffering.
1. An eight (8) foot fence or wall constructed in accordance with the
Land Development Regulations, as measured from the finished
grade of the site, shall be required around the base of each
{h)
communication tower, tower service facilities, and each guy
anchor. Access to the communication tower and its facilities
shall be through a locked gate.
2. Landscaping, consistent with the requirements of the Land
Development Regulations, shall be installed and maintained
around the entire perimeter of any fence or wall. Additional
landscaping may be required around the perimeter of a fence or
wall and around any or all anchors or supports if deemed
necessary to buffer adjacent residential and non-residential
properties. The city may require landscaping in excess of the
requirements of the city code in order to enhance compatibility
with adjacent residential and non-residential land uses.
Landscaping shall be installed on the outside of the perimeter
fence or wall.
3. Landscaping consistent with perimeter and on-site requirements
of the Land Development Regulations shall be installed and
maintained around any accessory buildings or structures.
High Voltage and "No Trespassing" warning signs.
1. If high voltage is necessary for the operation of the
telecommunications tower or any accessory structures, "HIGH
VOLTAGE DANGER" warnings signs shall be permanently
attached to the fence or wall and shall be spaced no more than
forty (40) feet apart. "High Voltage" shall be defined according to
OSHA standards.
10
(i)
(k)
(I)
2. "NO TRESPASSING" warning signs shall be permanently attached
to the fence or wall and shall be spaced no more than forty (40)
feet apart.
3. The letters for the "HIGH VOLTAGE - DANGER" and "NO
TRESPASSING" warning signs shall be at least six (6) inches in
height. The two (2) warning signs may be combined into one (1)
sign. The warning signs shall be installed at least five (5) feet
above the finished grade of the fence.
4. The warning signs may be attached to free standing poles if the
content of the signs may be obstructed by landscaping.
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
tower, unless repairs to the tower are being
the telecommunication
made.
Signs and advertising.
advertising purposes,
The use of any portion of a tower for signs or
including company name, banners, streamers,
etc., shall be strictly prohibited.
Accessory buildings or structures. All accessory buildings or structures
shall meet all building design standards as listed in this Code, and in
accordance with the provisions of the Standard Building Code, latest
edition. All accessory buildings or structures shall require a building
permit issued by the building division, department of development.
Colors. Except where superseded by the requirements of other county,
state, or federal regulatory agencies possessing jurisdiction over
telecommunications towers, telecommunications towers shall be painted
11
or constructed in neutral colors, designed to blend into the surrounding
environment, such as non-contrasting gray.
(m) Non-interference. Each application to allow construction of a
telecommunication tower shall include a 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 non-residential properties.
(n) Parking. Telecommunication towers shall be exempt from the
parking requirements of the Land Development Regulations, unless
otherwise required by the Planning and Zoning Director.
(o) Generators. All generators or alternators used on site shall use propane
fuel. Subject to the approval by the Director of Utilities and the Director
of Development, the use of diesel powered emergency generators may
be permitted where more than three (3) providers have collocated on a
tower.
(p) Building permits. In addition to the review processes required in this
section, a building permit shall be required for all towers, support and
accessory structures, antennas, and antenna attachments, except as
otherwise provided by state or local law.
(4) Removal of abandoned or unused facilities. A provider who has
determined to discontinue its operations or part of its operations in the city
must within ninety (90) days of discontinuance of use either:
(a) Remove its own equipment, including but not limited to the
tower, antennas, generators, and service facilities or cabinets,
12
4/17/97
within ninety (90) days of the cessation of use; or
(b) Provide information satisfactory to the City Manager or designee
that the provider's obligations for its equipment in the right-of-
way or public easement or private property under this division
have been u~lawfully assumed by another provider; or
(c) Submit to the City Manager or designee a proposal and
instruments for transferring ownership of its equipment to the
city. If a provider proceeds under this clause, the city may, at its
option:
(i) assume ownership of the equipment for a ten ($10.00)
dollar nominal consideration to provider; or
(ii) require the provider, at provider's expense, to remove it; or
(iii) require the provider to post a bond in an amount sufficient
to reimburse the city for reasonably anticipated costs to be
incurred in removing the equipment.
Equipment of a provider who fails to comply with the preceding
paragraph and which, for six (6) months, remains unused, shall be
deemed abandoned. Abandoned equipment is deemed to be a nuisance.
The City may exercise any remedies and rights has at law or in equity,
including but not limited to, (i) abating the nuisance, (ii) taking
possession of the equipment and restoring it to working condition, or (iii)
requiring removal of the equipment by the provider or by the provider's
surety under any maintenance bond required by the Code of Ordinances.
Telecommunications towers being used for other purposes, including but
not limited to, light standards and power poles, may be exempt from
13
(5)
4/17/97
this provision, subject to the requirement that all equipment except the
tower structure itself be removed or abandoned as set forth above.
Inspections.
(a) Telecommunication tower owners' shall submit a report to the
city building division, department of development, certifying
structural and electrical integrity on the following schedule:
1. Monopole towers - once every five (5) years;
2. Existing self-support/lattice towers - once every two (2)
years; and
3. Existing guyed towers - once every two (2) years.
(b) Inspections shall be conducted by a registered engineer. The
results of such inspections shall be provided to the building
division, department of development. Based upon the results of
an inspection, the Building Official may require repair or removal
of a telecommunication tower.
(c)
Should the building division, department development, have
reason to believe a telecommunications tower site is not in
compliance with applicable building and electrical codes, the city
may conduct periodic inspections of the site to ensure structural
and electrical integrity. The owner of the telecommunications
tower may be required by city to have more frequent inspections
should there be reason to believe that the structural and electrical
integrity of the tower is jeopardized. The city reserves the right
to require additional inspections if there is evidence that the tower
has a safety problem or is exposed to extraordinary conditions.
14
(6) Telecommunications towers are prohibited when a proposed or
existing principal use or uses within two hundred (200) feet of a proposed
tower includes the storage, distribution, or sale of volatile, flammable,
explosive or hazardous wastes, including but not limited to, LP gas, propane,
gasoline, natural gas, and corrosive or dangerous chemicals purposes, unless
the city fire marshal determines that the proximity of a telecommunications
tower does not pose any danger or risk of explosion or fire or unless used for
backup power purposes.
(7) Fees and charges. Public land or right-of-way lease agreements
shall be established by separate instrument.
(8) Additional uses permitted on lot. Telecommunication towers may
be located on lots containing another principal use. Separation between
communication towers and other uses on the lot may be required to ensure
compatibility. Towers may occupy a leased parcel on a lot that meets the
minimum lot size requirement of the zoning district in which it is located. For
lease parcels not meeting the minimum lot size requirement, the city shall
require the execution of a unity of title, unity of control, or other
documentation as determined appropriate by the City Attorney.
Sec. 4. Tower Replacement. Notwithstanding the above provisions of this
section, towers in existence as of January 1, 1997, may be replaced with a
tower of equal or less visual impact after approval by the city manager or
her/his designee. However, if the proposed new tower would not be
consistent with the minimum standards under Section 3, replacement must be
approved by the city commission.
4/17/97
15
4/17/97
Conforming towers. An existing conforming tower may be replaced
subject to the criteria set forth herein. If the criteria are not met, the
replacement tower shall comply with the siting requirements of this
section.
1. The replacement tower shall accommodate a minimum of two
providers;
2. The replacement tower shall be a stealth facility or monopole
tower;
3. The tower may be required to be relocated on the site to lessen
the impact on adjacent parcels; and
4. The replacement tower shall be subject to administrative review
by the Planning and Zoning and Development Departments.
Nonconforming towers. An existing nonconforming tower may be
replaced subject to the criteria below. If the criteria is not met, the
replacement shall comply with the siting requirements of this section.
1. The replacement tower shall accommodate a minimum of two
providers;
2. The replacement tower shall be a stealth facility or monopole
tower;
3. The tower may be required to be relocated on the site to lessen
the impact on adjacent parcels; and
The replacement tower shall be subject to administrative review
by the Planning and Zoning and Development.
5. The tower shall be reconstructed to its original height or 150 feet,
16
whichever is less
C. Accessory Structures. The size of an accessory structure or structures
may be increased, subject to the Code of Ordinances, to accommodate
collocation. The expansion shall be subject to administrative approval by
the Planning and Zoning Department and the Department of
Development.
Sec. 5. Antennas not located on telecommunications towers.
(1) Stealth rooftop or building mounted antennas not exceeding twenty (20)
feet above the roofline and not exceeding ten (10) feet above the
maximum height of the applicable zoning district may be permitted as an
accessory use in all zoning districts except R-l-AAA, R-1-AAB, R-l-AA,
R-l-A, R-1 and R-2. Antennas may exceed twenty (20) feet above the
roofline in the REC and PU zoning districts if municipal purposes warrant
additional height.
(2) Minimum standards. Building or rooftop antennas shall be subject to the
following minimum standards:
(a) Building, rooftop stealth antennas shall only be permitted on buildings
which are at least forty-five (45) feet tall, and must be stealth or
architecturally screened;
(b) No commercial advertising shall be allowed on an antenna;
(c) No signals, lights, or illumination shall be permitted on an antenna,
unless required by the Federal Communications Commission or the
Federal Aviation Administration;
(d) Any related unmanned equipment building shall comply with the
Standard Building Code, as amended from time to time, and shall not
4/17/97
17
(e)
(f)
(3)
(4)
(5)
contain more than 750 square feet of gross floor area or be more than
twelve (12) feet in height; and
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.
Each application shall contain a rendering or photograph of the antenna
including, but not limited to, colors and screening devices. This shall be
subject to administrative approval by the Director of Development for
consistency with the definition of stealth facility.
Antenna Dimensions. Antenna dimensions shall be approved by the
director of development as required by existing technology. A
statement shall be submitted, prepared by a professional registered
engineer licensed to practice in the State of Florida, to certify the need
for the required dimensions.
Aircraft hazard. Prior to the issuance of a building permit by the building
division, department of development, the applicant shall provide
evidence that the telecommunication towers or antennas are in
compliance with Federal Aviation Administration (FAA) regulations.
Where an antenna will not exceed the highest point of the existing
structure upon which it is to be mounted, such evidence shall not be
required.
Fees.
(a)
Permit and zoning application fees for telecommunications towers
or antennas shall be paid by applicant.
18
(b)
Public building lease agreements will be established by separate
instrument.
Sec. 6. Shared use of communication towers.
(1) Notwithstanding any other provision of this article, to minimize
adverse visual impacts associated with the proliferation and clustering of
telecommunication towers, collocation of facilities on existing or new towers
shall be encouraged by:
(a) Issuing permits to Qualified Shared Facilities at locations existing
or new towers have sufficient loading capacity, as certified by an engineer
licensed to practice in the State of Florida; eF and
(b) giving preference to Qualified Shared Facilities over other facilities in
authorizing use at particular locations.
(2) For a facility to become a "Qualified Shared Facility", the facility
owner must show that:
(a) the facility is appropriately designed for sharing; and
(b) the facility owner is prepared to offer adequate space on the facility
to others on fair and reasonable, nondiscriminatory terms.
(3) To satisfy the requirements of (2)(a) of this section, the facility
owner must submit a written evaluation of the structural capacity of the tower.
(4) The requirements of (2)(b) of this section will be deemed to have
been met when an affidavit attesting to the execution, by the tower
owner/operator, of an agreement authorizing the collocation of antenna or
other similar telecommunications device. In other cases, the tower
owner/operator must enter into an agreement with the city, acceptable to the
4/17/97
19
city, to offer space on fair, reasonable, nondiscriminatory terms, at a fair
market value, and to negotiate leases promptly and without undue delay. A
condition of any permit for a Qualified Shared Facility shall be that the permit
shall be terminated, and the facility removed or turned over to the city, if the
city finds that the facility owner is not complying with its obligations under this
Chapter and associated agreements with the city. The tower owner/operator
shall have sixty (60) days from the date the city provides notice to remedy the
deficiency.
(5) Collocation 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. Accordingly, each
application for a telecommunication tower shall include the following:
(a) A
4/17/97
tower, if
available.
factors:
1.
2.
3.
4.
5.
written evaluation of the feasibility of sharing a telecommunication
an appropriate telecommunication tower or towers is/are
The evaluation shall analyze one or more of the following
structural capacity of the tower or towers;
radio frequency interference;
geographical service area requirements;
mechanical or electrical incompatibility;
inability or ability to locate equipment on
towers;
availability of towers for collocation;
any restrictions or limitations of
Communications Commission that would
the tower or
the Federal
preclude the
20
shared use of the tower.
8. additional information requested by the city.
(b) The city may consider the ability of a provider to collocate on an
existing structure in reviewing an application for a telecommunications tower.
(6) A 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
determined to be inappropriate. The development 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.
(7) For any telecommunications tower approved for shared use, the
owner of the tower shall provide notice of the location of the
telecommunication tower and the tower's load capacity to all other providers.
(8) Public land or right-of-way lease agreements with respect to
collocation of antennas will be established by separate instrument.
Sec. 7. Applications
(1) The City shall act promptly on any application submitted in
accordance with the provisions of this chapter. All applications shall be
submitted to the Siting Review Committee Coordinator, as designated by the
City Manager. The Siting Review Committee shall consist of staff members
appointed by the City Manager, and shall place the application into one of the
following categories:
4117/97
21
tower siting;
collocation;
tower replacement; and
rooftop or building antennas.
The coordinator shall begin the review outlined in this Chapter, and
i schedule meetings with the Siting Review Committee and/or applicant as
necessary.
The reasons for rejecting any application filed under these provisions
shall be explained, set forth in writing and be based on substantial evidence.
The rejection of an application under this article does not prevent a person from
filing an application for a special exception in accordance with applicable law.
(2) The issuance of a permit, however, is not a lease and no
municipally-owned property may be used without a lease agreement with the
City. The City may, as appropriate, to protect its property and the public
interest, establish additional requirements beyond the minimum requirements of
a permit for municipally-owned property. This provision further does not
preclude the city from issuing a letter of interest for the purposes of leasing
sites on designated city property for the construction and installation of
personal wireless service facilities. For designated neighborhood parks, 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 park.
Section 3. Conflicting Ordinances. All prior ordinances or resolutions or
parts thereof in conflict herewith are hereby repealed to the extent of such
conflict.
4/17/97
22
Section 4. Severability. If any section, sentence, clause, or phrase of
this Ordinance is held to be invalid or unconstitutional by any court of
competent jurisdiction, then said holding shall in no way affect the validity of
the remaining portions of this Ordinance.
Section 5. Codification. It is the intention of the City Commission and
it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the City of Boynton Beach, Land Development Regulations of
the Code of Ordinances, and that the Sections of this Ordinance may be
renumbered, relettered, and the word "ordinance" may be changed to
"section," "article," or such other word or phrase in order to accomplish such
intention. In no case shall any provision be read to eliminate any requirements
for a franchise, license or other authorization to occupy the affected property.
Date. This Ordinance shall become effective
Section 6. Effective
immediately.
PASSED FIRST READING the / day of /¢,~,~/z_ ,1997.
PASSED SECOND READING the /.~day of
ATTEST:
SUE KRUSE,'"C~y -dlerk
,,,~',~,,¢//_. ,1997.
CITY OF BOYNTO.0..j~LE~ACH. FLORIDA
Commissioner ~ '~ _'~.
Com' (/~ ~
C¢~mmissioner
4/17/97
23