APPLICATION
.
PROJECT NAME: SMU Stealth Towers
LOCATION:
PCN:
I FILE NO.: CDRV 05-008 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: Compson & Associates of Boynton,
Kim Glas-Castro - Ruden McClosky LLC
ADDRESS: 222 Lakeview A venue Suite 800 ADDRESS:
West Palm Beach, FL 33401-6112 FAX:
FAX: 561-514-3442 PHONE:
-
PHONE: 561-838-4542
SUBMITTAL / RESUBMITT AL 3/21/05
1 ST REVIEW COMMENTS DUE:
PUBLIC NOTICE:
TRC MEETING:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 5/24/05
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING: 6/21/05
COMMENTS:
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-008\2004 PROJECT TRACKING INFO.doc
Coale, Sherie
From:
Sent:
To:
Subject:
Glas-Castro, Kimberly [Kimberly.Glas-Castro@ruden.com]
Friday, February 18, 2005 2:55 PM
Coale, Sherie
RE: Renaissance Commons Cell Tower
No - it's been over a week.....I just talked to Carl, a check will be
cut Monday
-----Original Message-----
From: Coale, Sherie [mailto:CoaleS@ci.boynton-beach.fl.us]
Sent: Friday, February 18, 2005 2:55 PM
To: Glas-Castro, Kimberly
Subject: RE: Renaissance Commons Cell Tower
Thank you. I didn't mean for it to sound so demanding.
-----Original Message-----
From: Glas-Castro, Kimberly [mailto:Kimberly.Glas-Castro@ruden.com]
Sent: Friday, February 18, 2005 2:52 PM
To: Coale, Sherie
Subject: RE: Renaissance Commons Cell Tower
I had told Jim... .1'11 check in with them again
-----Original Message-----
From: Coale, Sherie [mailto:CoaleS@ci.boynton-beach.fl.us]
Sent: Friday, February 18, 2005 2:52 PM
To: Glas-Castro, Kimberly
Subject: Renaissance Commons Cell Tower
Kim,
We are in receipt of a request for cell tower relocation. More
specifically a code review to allow the tower in the SMU. The fee for
the review is $250.00. So as soon as Carl wants to send the money!! we
can put it on a schedule. Let me know when to expect the $$. Thanks,
Sherie
NOTICE: This e-mail message and any attachment to this e-mail message
contains confidential information that may be legally privileged. If you
are not the intended recipient, you must not review, retransmit, convert
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1
this e-mail or any attachments to it. If you have received thlS e-mail in error, please
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2
~I Ruden
~I McClosky I'.
222 LAKEVIEW AVENUE
SUITE 800
WEST PALM BEACH, FLORIDA 33401-6112
MAR 2 I 2uuo
(561) 838-4542
FAX: (561) 514-3442
KIM.GLASCASTRO@RUDEN.COM
, ,
l" '"
----~-"
February 9, 2005
Telecommunication Tower Regulations Modifications
Compson Associates of Boynton, LLC (the "Applicant") is requesting reVlSlons to
Chapter 10, Telecommunication Towers and Antennas, and to Chapter 2, Zoning, of the City of
Boynton Beach Land Development Regulations ("LDR") to allow stealth communication towers
within the Suburban Mixed Use ("SMU") zoning district subject to conditional use approval and
compliance with performance standards.
A nonconforming tower exists on the Renaissance Commons SMU property. The
Applicant desires to remove the tower, which is otherwise located in the middle of the new
mixed-use community. The telecommunication providers ("Providers") utilizing the existing
tower at Renaissance Commons have evaluated other sites to relocate their facilities, but the
Providers are finding two problems: 1) lack of available property zoned with a district that
allows communication towers and 2) lack of available property located in proximity to the
existing, non-conforming tower so that no voids in system coverage are created. The nearest
J zoning district is Planned Industrial District (PID), in which towers are permissible, but a
,. communication tower already exists on this property, and there is not sufficient room for co-
. -----/ location of the Providers' facilities on the existing tower. Property zoned Industrial (MI) is too
far away from the current location to provide service coverage.
r
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Relocation of the existing Providers' facilities within Renaissance Commons is a viable
solution to maintain and improve existing coverage. The Applicant's proposed LDR
modifications require stealth technology to be employed within the SMU district, and require
conditional use approval to ensure compatibility with the SMU uses and design standards.
The requested revisions to Chapter 10 and Chapter 2 would facilitate the removal of an
old-style, metal-framed communication tower from the middle of the Renaissance Commons
project. A new stealth tower would be concealed as part of the clock tower feature in Phase VI
of the development. This stealth tower will be requested in a subsequent conditional use/site
plan petition.
WPB:197496:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT. LAUDERDALE . MIAMI. NAPLES. ORLANDO. PORT ST.lUCIE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH
'-',
...~"'"
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOPMENT
REGULATIONS, AMENDING CHAPTER 10,
TELECOMMUNICATION TOWERS AND ANTENNAS,
SECTION 3, FOR THE PURPOSE OF ESTABLISIllNG
REGULATIONS FOR THE PROVISION OF STEALTH
FACILITIES WITIllN THE SUBURBAN MIXED USE ZONING
DISTRICT, AND AMENDING CHAPTER 2, ZONING,
SECTION 6, SUBSECTION "G", SUBURBAN MIXED USE
ZONING DISTRICT, FOR THE PURPOSE OF PERMITTING
TELECOMMUNICATION TOWERS AND ANTENNAS
SUBJECT TO CRITIERA; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the proposed revisions to the Telecommunication Towers and Antennas
provisions and the Suburban Mixed Use zoning district of the City of Boynton Beach Code of
Ordinances are amendments to the Land Development Regulations requested by Compson
Associates; and
WHEREAS, the City Commission deems the adoption of this Ordinance to be in the best
interests of the citizens and residents of the City of Boynton Beach, Florida;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, TH~T:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. That Chapter 10, Telecommunication Towers and Antennas, Section 3,
Subsection A is hereby amended by adding a new paragraph "5" as follows:
5. Suburban Mixed Use (SMU) zoning district. Any communication tower in the SMU
'-' ~
district shall be a stealth facility that is designed consistent with the architecture and theme of the
SMU district. Stealth facilities contained within structural or architectural features. such as clock
towers. are preferred. Said communication tower shall be depicted on the SMU Master Pla9> and
'-.
;,
considered within the SMU design standards. The development standards of Chapter 10 shall
govern said tower or antenna.
Section 3.
That Chapter 10, Telecommunication Towers and Antennas, Section 3,
Subsection C.3.c. is hereby amended by adding a new provision as follows:
c. Monopole, lattice or guyed telecommunication towers shall not be permitted within two
hundred and fifty (250) feet of any residential district or residential portion of a PUD. In a SMU
district. a communication tower shall not be permitted within two hundred fifty feet (250') of any
adiacent residential zoning district or within fifty feet (50') of a residential component of the
/-
SMU district. exclusive of integrated mixed-use buildings.
Section 4.
That Chapter 10, Telecommunication Towers and Antennas, Section 3,
Subsection C.7.a. is hereby amended by adding a new provision as follows:
7. Buffering
a. 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 communication tower, tower service facilities, and each guy anchor. Access to the
communication tower and its facilities shall be through a locked gate. The requirement for an
eight foot (8') fence shall not be applicable if: 1) said communication tower is a stealth facility
integrated into the architecture or structural composition of a building. such as a clock tower
located within a SMU district and 2) access to any equipment or electrical power source is gated
I
and locked for public safety.
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Section 5. That Chapter 2, Zoning, Section 6. "G", Table 6G-1, is hereby amended by
adding the words as follows:
TABLE 6G-1
SCHEDULE OF PERMITTED PRINCIPAL. ACCESSORY AND
CONDITIONAL USES
USE GROUP/USE SMU
ZONE
Residential or Lod2ing Use Group
Bed and Breakfast C
Hotel C
Home Occupation P
Mobile Home N
Motel N
Residential, Single Family Detached P
Residential, Single Family Attached P
Residential, Multi-Family P
Temporary Sales Office P
Temporary Model Residences P
Live/Work Units p8
Boarding and Rooming House (except where provided by state law) N
Accessory Unit P
Communication Tower or Antenna C9
Government Office/Civic Center/Library P
Recreation (outdoor) C
Museum P
House of Worship pi
Police or Fire-Rescue Station P
Postal Center (retail sales only) p2
Post Office P
Public Park P
Public Parking Lot or Garage P
REMAINDER OF TABLE UNCHANGED
Restriction Notes:
9 Stealth facilities only. integrated into the architecture and/or structural comoosition of the oroiect: and
subject to compliance with develooment standards and remlations (setbacks. height buffering" etc.) of Chapter 10.
Section 6.
Each and every other provision of the Land Development Regulations not
herein specifically amended, shall remain in full force and effect as originally adopted.
Section 7.
All laws and ordinances applying to the City of Boynton Beach in conflict
with any provisions of this ~inance are hereby repealed.
""J
Section 8.
Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 9. Authority is hereby given to codify this Ordinance.
Section 10. This Ordinance shall become effective immediately.
FIRST READING TillS _ day of
,20_
SECOND, FINAL READING AND PASSAGE this _ day of
20
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
A~.P .,
Sea rch:
I
-
I Ch()()~~~!a~:h fo!,~ [I
Document
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Contents
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Framed Version
Page 1 of 13
Bovnton Beach, FL Code of Ordinances
PART III LAND DEVELOPMENT REGULATIONS'
CHAPTER 10 TELECOMMUNICATION TOWERS AND ANTENNAS
CHAPTER 10
TELECOMMUNICATION TOWERS
AND ANTENNAS
Sec. 1. Intent
Sec. 2. Definitions
Sec. 3. Telecommunications Towers
Sec. 4. Tower Replacement
Sec. 5. Antennas Not Located on Telecommunications Towers
Sec. 6. Shared Use of Communication Towers
Sec. 7. Applications
Sec. 1.
Intent.
The regulations and requirements of this chapter are intended to:
A. Promote the health, safety and general welfare of the citizens by regulating the
siting of telecommunications towers;
B. Provide for the appropriate location and development of telecommunication
towers and antennas within the city;
C. Minimize adverse visual effects of telecommunication towers and antennas
through careful design, siting, landscape screening and innovative camouflaging
techniques;
D. Avoid potential damage to adjacent properties from tower failure through
engineering and careful siting of tower structures;
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, for example, co-location, to reduce the
number of towers needed.
(Ord. No. 97-10, 92,4-15-97)
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Sec. 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 property. As defined in this section, an accessory use is a secondary 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, amateur radio antennas and satellite earth
stations.
Extraordinary conditions - Subsequent to a hurricane, flood or other natural disaster.
Guyed tower - A telecommunication 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 telecommunication 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.
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, excluding radar towers, amateur radio support
structures licensed by the FCC, private home use of satellite dishes and television
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antennas and satellite earth stations installed in accordance with applicable codes.
Whip antenna - A cylindrical antenna that transmits signals in 360 degrees.
(Ord. No. 97-10, g 2, 4-15-97)
Sec. 3. Telecommunications Towers.
A. Freestanding telecommunication towers may be permitted as a conditional use
in accordance with the Land Development Regulations in the following zoning
districts:
*
1. (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.
*
2. (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.
*
3. Industrial (M -1) zoning district provided the towers are an accessory use
and are reviewed and approved in accordance with the Land Development Regulations
of the city. A monopole type stealth facility must be utilized on vacant property in M-
1 zoning districts.
*
4. Property owned by the city within a Planned Industrial Development (PID)
district which is designated for recreation use. 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. Tower locations shall be consistent
with approved, proposed or anticipated plans for park development. Towers shall be
designed for collocation and consistent with rules and regulations internal to a P.I.D.
B. 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.
C. Minimum standards. Every telecommunications tower must meet the
following minimum standards:
1. 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.
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Each application shall contain a rendering or photograph of the tower, including but
not limited to, colors and screening devices.
2. A statement shall be submitted, prepared by a professional registered
engineer licensed to practice in the state, 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 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.
3. Height/setbacks and related location requirements.
a. 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.
b. Telecommunication towers shall conform with the setbacks established
for the underlying zoning district.
* c. Monopole, lattice or guyed telecommunication towers shall not be
permitted within two hundred and fifty (250) feet of any residential district or
residential portion of a PUD.
* d. Monopole, lattice or guyed telecommunication towers shall not be
located within seven hundred and fifty (750) feet of any existing monopole, lattice or
guyed telecommunication tower.
e. 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.
f. Waiver or reduction of separation requirements.
(1) Waivers or reductions of separation distances between towers may
be approved by the city commission subject to the criteria contained herein.
(2) 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:
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(a) Locational requirements/ limitations as established by the Federal
Aviation Administration (FAA) or the Federal Communications Commission (FCC) or
the Public Service Commission (PSC), if any;
(b) 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;
(c) To avoid the location of a tower on environmentally sensitive
land, a wilderness area, a historical site, or other sensitive area; or
(d) To reduce the impact on adjacent residential uses.
4. 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 nighttime method of illumination acceptable to the FAA
shall be utilized.
5. 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.
6. 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.
7. Buffering.
a. 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 communication tower, tower service facilities, and
each guy anchor. Access to the communication tower and its facilities shall be through
a locked gate.
b. 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.
c. Landscaping consistent with perimeter and on-site requirements of the
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Land Development Regulations shall be installed and maintained around any
accessory buildings or structures.
8. High Voltage and "No Trespassing" warning signs.
a. 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.
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 "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.
d. The warning signs may be attached to free standing poles if the content
of the signs may be obstructed by landscaping.
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.
10. Signs and advertising. The use of any portion of a tower for signs or
advertising purposes, including company name, banners, streamers, and the like, shall
be strictly prohibited.
11. 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.
12. 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 or constructed in neutral colors,
designed to blend into the surrounding environment, such as non-contrasting gray.
13. 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.
14. Parking. Communication towers shall be exempt from the parking
requirements of the Land Development Regulations, unless otherwise required by the
Planning and Zoning Director.
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15. 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.
16. 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 .
17. 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, 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 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:
(1) Assume ownership of the equipment for a ten ($10.00) dollar
nominal consideration to provider; or
(2) Require the provider, at provider's expense, to remove it; or
(3) 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 sentence
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, (1) abating the
nuisance, (2) taking possession of the equipment and restoring it to working condition,
or (3) 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 this provision, subject to the
requirement that all equipment except the tower structure itself be removed or
abandoned as set forth above.
18. Inspections.
a. Telecommunication tower owners' shall submit a report to the city
building division, department of development, certifying structural and electrical
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integrity on the following schedule:
(1) Monopole towers - once every five (5) years;
(2) Self-support/lattice towers - once every two (2) years; and
(3) 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.
19. 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.
20. Fees and charges. Public land or right-of-way lease agreements shall be
established by separate instrument.
21. Additional uses permitted on lot. Communication 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.
(Ord. No. 97-10, ~ 2,4-15-97; Am. Ord. No. 98-32, ~ 1,9-3-98; Ord. No. 02-033, ~ 4,
8-20-02)
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
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ALP.
Page 9 of 13
would not be consistent with the minimum standards under Section 3 of this chapter,
replacement must be approved by the city commission.
A. 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 ofthis section.
1. The replacement tower shall accommodate a minimum of two providers;
2. The replacement tower shall be a stealth 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.
B. 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 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.
5. The tower shall be reconstructed to its original height or 150 feet,
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.
(Ord. No. 97-10, ~ 2, 4-15-97)
Sec. 5. Antennas Not Located on Telecommunications Towers.
A. 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-1-AAA, R-1-AAB, R-1-AA, R-1-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.
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Page 10 of 13
B. Minimum standards. Building or rooftop antennas shall be subject to the
following minimum standards:
1. 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;
2. No commercial advertising shall be allowed on an antenna;
3. No signals, lights, or illumination shall be permitted on an antenna, unless
required by the Federal Communications Commission or the Federal Aviation
Administration;
4. Any related unmanned equipment building shall comply with the Standard
Building Code, as amended from time to time, and 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 percent (25%) of the
roof area.
6. 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.
C. 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.
D. 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.
E. Fees.
1. Permit and zoning application fees for telecommunications towers or
antennas shall be paid by applicant.
2.
instrument.
Public building lease agreements will be established by separate
(Ord. No. 97-10, ~ 2, 4-15-97)
Sec. 6. Shared Use of Communication Towers.
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Page 11 of 13
A. Notwithstanding any other provision of this chapter, 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:
1. 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; and
2. Giving preference to Qualified Shared Facilities over other facilities in
authorizing use at particular locations.
B. For a facility to become a "Qualified Shared Facility," the facility owner must
show that:
1. The facility is appropriately designed for sharing; and
2. 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 subsection 1. of this division, the facility
owner must submit a written evaluation of the structural capacity of the tower.
4. The requirements of subsection 2. of this division 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 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 written evaluation of the feasibility of sharing a telecommunication
tower, if an appropriate telecommunication tower or towers is/are available. The
evaluation shall analyze one or more of the following factors:
(1) Structural capacity of the tower or towers;
(2) Radio frequency interference;
(3) Geographical service area requirements;
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ALP. Page 12 of 13
(4) Mechanical or electrical incompatibility;
(5) Inability or ability to locate equipment on the tower or towers;
(6) Availability of towers for collocation;
(7) Any restrictions or limitations of the Federal Communications
Commission that would preclude the 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.
F. 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.
G. 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.
H. Public land or right-of-way lease agreements with respect to collocation of
antennas will be established by separate instrument.
(Ord. No. 97-10, ~ 2, 4-15-97)
Sec. 7. Applications.
A. 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:
1. Tower siting;
2. Collocation;
3. Tower replacement; and
4. Rooftop or building antennas.
The coordinator shall begin the review outlined in this Chapter, and schedule
meetings with the Siting Review Committee and/or applicant as necessary.
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Page 13 of 13
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 chapter does not prevent a person from filing an application
for a special exception in accordance with applicable law.
B. 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.
(Ord. No. 97-10, 92,4-15-97)
Disclaimer:
This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation
adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes
only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting
and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed
copy of a Code of Ordinances should be consulted prior to any action being taken.
For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site,
please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.
@ 2003 American Legal Publishing Corporation
techsuDDortllllamlegal.com
1.800.445.5588.
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Compson Associates of Boynton II, LLC
15
VIA FACSIMILE (561) 742-6259. Jl'oaees
,
May 17, 2005
Mr. Mike Rumpf, AICP
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: Prooosed Modifications to Telecommunication Reeulations
Dear Mike,
Attached please find the following:
. Site Map of Renaissance Commons;
. Description of owner's list;
. Letters of no objection from owners Renaissance Commons;
. Letter from Winchester project;
In addition, I will forward Cell Tower "needs" data under separate cover.
CEK/crd
Enclosures
Cc: Kim Glas-Castro, Esquire via fax (561) 514-3442
U"\cdiamoncMlotorola 29 &. 57\MotorolalCK MotorolalCK 1tr to Mike Rumpfre Modifications to Cell Tower 5-17-05,doc
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II K. Hovnanian- Company
May 17,2005
Mike Rumpf. A1CP
City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, FL 33435
RE: Proposed Modifications to Telecommunication Regulations
Dear Mr. Rumpf:
Town and Country Homes has no objections to the proposed modifications to Chapter 10
of the Land Development Regulations regarding SMU district Ie&wations.
acid
Stephen B. Liller
Vice President
Town and Country Homes
1275 Gateway Boul.ward.SuitIe 101. Boynton Beach. Florida 33426 P 561.364.3300 F $lIJ.3&4.3301 .www.tow1'I8tldcounrryhomesft.c;om
MAY-17-2005 09:02AM FAX: 1D: PAGE:002 R=100%
''''''*'
Compson Associates of Boynton, LLC
980 North Federal Highway
Suite 200
Boca Raton, FL 33432
(561) 391-6570
Fax: (561) 391-2423
May 17,2005
Mr. Mike Rumpf, AICP
City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Proposed Modifications to Telecommunication Regulations
Dear Mr. Rumpf:
Compson Associates of Boynton, LLC has no objections to the proposed modifications to
Chapter 10 of the Land Development Regulations regarding SMU district regulations.
..r.
"^ "
."
Compson Associates of Boynton II, LLC
980 North Federal Highway
Suite 200
Boca Raton, FL 33432
(561) 391-6570
Fax: (561) 391-2423
May 17,2005
Mr. Mike Rumpf, AICP
City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Proposed Modifications to Telecommunication Regulations
Dear Mr. Rumpf:
Compson Associates of Boynton II, LLC has no objections to the proposed modifications
to Chapter 10 of the Land Development Regulations regarding SMU district regulations.
-..,",
"'~ ,
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RCR Holdings I, LLC
980 North Federal Highway
Suite 200
Boca Raton, FL 33432
(561) 391-6570
Fax: (561) 391-2423
May 17,2005
Mr. Mike Rumpf, AICP
City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Proposed Modifications to Telecommunication Regulations
Dear Mr. Rumpf:
RCR Holdings I, LLC has no objections to the proposed modifications to Chapter 10 of
the Land Development Regulations regarding SMU district regulations.
4,,'
,",c'
RCR Holdings II, LLC
980 North Federal Highway
Suite 200
Boca Raton, FL 33432
(561) 391-6570
Fax: (561) 391-2423
May 17,2005
Mr. Mike Rumpf, AICP
City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Proposed Modifications to Telecommunication Regulations
Dear Mr. Rumpf:
RCR Holdings II, LLC has no objections to the proposed modifications to Chapter 10 of
the Land Development Regulations regarding SMU district regulations.
)
Carl E. epper, Jr., Manager
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Boynton Development Associates I, LLC
980 North Federal Highway
Suite 200
Boca Raton, FL 33432
(561) 391-6570
Fax: (561) 391-2423
May 17,2005
Mr. Mike Rumpf, AICP
City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Proposed Modifications to Telecommunication Regulations
Dear Mr. Rumpf:
Boynton Development Associates I, LLC has no objections to the proposed modifications
to Chapter 10 of the Land Development Regulations regarding SMU district regulations.
~. .y'
'..",,,,,
ReOD I, LLC
980 North Federal Highway
Suite 200
Boca Raton, FL 33432
(561) 391-6570
Fax: (561) 391-2423
May 17, 2005
Mr. Mike Rumpf, AICP
City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Proposed Modifications to Telecommunication Regulations
Dear Mr. Rumpf:
RCOB I, LLC has no objections to the proposed modifications to Chapter 10 of the Land
Development Regulations regarding SMU district regulations.
... ."
Mr. Mike Rumpf, AICP
City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, FL 33435
....,1i1/f
RCC I, LLC
980 North Federal Highway
Suite 200
Boca Raton, FL 33432
(561) 391-6570
Fax: (561) 391-2423
May 17,2005
Re: Proposed Modifications to Telecommunication Regulations
Dear Mr. Rumpf:
RCC I, LLC has no objections to the proposed modifications to Chapter 10 of the Land
Development Regulations regarding SMU district regulations.
~, ;jjJ
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RCC II, LLC
980 North Federal Highway
Suite 200
Boca Raton, FL 33432
(561) 391-6570
Fax: (561) 391-2423
May 17,2005
Mr. Mike Rumpf, AICP
City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Proposed Modifications to Telecommunication Regulations
Dear Mr. Rumpf:
RCC II, LLC has no objections to the proposed modifications to Chapter 10 of the Land
Development Regulations regarding SMU district regulations.
'- '
~
RCC III, LLC
980 North Federal Highway
Suite 200
Boca Raton, FL 33432
(561) 391-6570
Fax: (561) 391-2423
May 17,2005
Mr. Mike Rumpf, AICP
City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Proposed Modifications to Telecommunication Regulations
Dear Mr. Rumpf:
'*', ;J1'
Mr. Mike Rumpf, AICP
City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, FL 33435
"""""
RCC IV, LLC
980 North Federal Highway
Suite 200
Boca Raton, FL 33432
(561) 391-6570
Fax: (561) 391-2423
May 17,2005
Re: Proposed Modifications to Telecommunication Regulations
Dear Mr. Rumpf:
RCC IV, LLC has no objections to the proposed modifications to Chapter 10 of the Land
Development Regulations regarding SMU district regulations.
.. ,,,.,
-...",.
RCC V, LLC
980 North Federal Highway
Suite 200
Boca Raton, FL 33432
(561) 391-6570
Fax: (561) 391-2423
May 17,2005
Mr. Mike Rumpf, AICP
City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Proposed Modifications to Telecommunication Regulations
Dear Mr. Rumpf:
RCC V, LLC has no objections to the proposed modifications to Chapter 10 of the Land
Development Regulations regarding SMU district regulations.
.. J
'"
'''';
MFBSAGE CONFIRMATION
MAY-17-2005 03:03 PM TUE
FAX NUMBER
NAME
NAME/NUMBER
PAGE
START TIME
ELAPSED TIME
MODE
RESULTS
15617426259
15
MAY-17-2005 03:00PM TOE
03'06"
STD EX::M
[ O.K ]
Compson Associates of Boynton n, LLC
15
VIA FACSIMlLE {54tH 742-625'. ~aRes
,
May 17, 2005
Mr. Mike Rumpt: AICP
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
He: ProDOled Modifieatio... to T~om"'adicatlon Re2ulatiolU
Dear Mike,
Attaehed please find the following:
· Site Map of Renaissance Commons;
· Description of owner's list;
· Lettcn of no objection from owners Renaissance Commons;
· Letter from Winchester project;
In addition, I will forward Cell Tower "needs" data under separate cover.
Sincc:rely,
mpson Associates of Boynton n, U.C
CEKlcrd
Enclosures
Cc: Kim GI.soCastro, Esquire via fax (561) 514-3442
U~-"""""D&"~KMlIhIIIII\CI''''.'''''''''.~''Ctil1Wcr'''I'-O'lb:
..
.. .~
""",
MFSSAGE CONFIRMATION
MAY-17-200S 04:34 PM TUE
FAX NUMBER
NAME
NAME/NUMBER
PAGE
START TIME
ELAPSED TIME
MODE
RESULTS
15615143442
17
MAY-17-2005 04:31PM TUE
02'52"
STD ECM
[ O.K ]
FAX TRANSMISSION
FROM:
Mary Massoth
Compson Associates, Inc. $"(,,- 3 , I-t S'?o
Kim Glas-Castro
Ruden McClosky Smith Schuster & Russell,
1-561-514-3442
TO:
DATE:
05/17/05 at 17:23:58
PAGES: 16
SUBJECT: From Carl Klepper
_.,.t
FAX TRANSMISSION
FROM:
TO:
DATE:
PAGES:
Mary Massoth
Compson Associates, Inc. '(,I' 3 / /- t. S')t.:
Kim Glas-Castro
Ruden McClosky Smith Schuster & Russell,
1-561-514-3442
05/17/05 at 17:23:58
16
SUBJECT: From Carl Klepper
"
.....,""