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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 to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954-764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. 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 to hard copy, copy, use or disseminate 1 this e-mail or any attachments to it. If you have received thlS e-mail in error, please notify us immediately by return e-mail or by telephone at 954-764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. 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 4 A -%" ;,'" , v\) , (,1 \" 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. / ..j-~, r i I , : I V<:' \ t - ~ b t ,. . . '" '" '.; 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 Previous Chapter Next Chapter Contents Synchronize Contents 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) http://www.amlegal.com/nxt/gateway.dll/FloridaIBoynton%20Beach/mainOOl13.htm/chapter00173.htm ?f=t... 5/5/2005 MJP . Page 2 of 13 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 http://www.amlegal.com/nxt/gateway.dll/Florida/Boynton%20Beach/mainOOl13.htm/chapter00173.htm ?f=t... 5/5/2005 ALp. Page 3 of 13 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. http://www.amlega1.comlnxt/gatewav.dll/FloridaIBovnton%20Beach/mainOOl13.htm/chanter00171.htm?f=t '" 5/';/200'; ALP. Page 4 of 13 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: http://www.amlegal.com/nxt/gateway.dll/FloridaIBoynton%20Beach/mainOOl13.htm/chapter00173.htm ?f=t... 5/5/2005 ALP . Page 5 of 13 (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 http://www.amlegal.comlnxt/gateway.dll/FloridaIBoynton%20Beach/mainOOl13.htm/chapter00173.htm ?f=t... 5/5/2005 ALP. Page 6 of 13 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. http://www.amlega1.com/nxt/gateway.dll/FloridaIBoynton%20Beach/mainOOl13.htm/chapter00173.htm ?f=t... 5/5/2005 ALp. Page 7 of 13 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 http://www.amlegal.com/nxt/gateway.dll/Florida/Boynton%20Beach/mainOOl13.htm/chapter00173.htm ?f=t... 5/5/2005 ALP. Page 8 of 13 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 http://www.amlegal.com/nxt/gateway.dll/Florida/Boynton%20Beach/mainOOl13.htm/chapter00173.htm ?f=t... 5/5/2005 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. htto:/ /www.amlel.:ml.com/nxt/2:atewav.dll/Florida/Bovnton%20Beach/main00111.htm/ch:mter00171.htm ?f=t 'i/'i/?OO'i ALp. 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. http://www.amlegal.com/nxt/gateway.dll/Florida/Boynton%20Beach/mainOOl13.htm/chapter00173.htm ?f=t... 5/5/2005 ALP . 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; http://www.amlegal.com/nxt/gateway.dll/Florida/Bovnton%20Beach/mainOOl13.htm/chaoter00173.htm ?f=t... 5/5/2005 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. http://www.amlegal.comlnxt/gateway.dll/FloridaIBoynton%20Beach/mainOOl13.htm/chapter00173.htm ?f=t... 5/512005 ALp. 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. nttn'llummr ~;nTIlpa!:ll N\rn/nvtla!:ltpUT!:IV rlllmlnr1{blR{nmtcmoln?O'Rp!:IC"n/rn!:llnOOll ':\ ntrnlC"n!:lntpr0017':\ ntrn?f=t '\I'\/?OO'\ "'"," ..~,,;I 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 ,.~-. II f/l II -- iii 1/1... ...... ?g: :... €I I l I m... ...... ~g ~ i I "" lB... "':::1 ~o 0 f/l I... ...... ~~ 8 . -'- , ri"--"'r~'i ':T-~ i n:;::=~ ~ 'I ~ri-'~, _ -~- -M ~I"lf . ,:S ~--.- : ,~ '6..- F "'~lUc ~ - 'C-u - lit2l' a:-:l\C - , ~; i8~ '!) ~,1~ , "." Tr-'n-;:'"i1rllllllll1 111if.L.,,,~, IIIII! ,,;,;1;;;1 ~ , !~_-:~JJ~;';~~J~r-rl'~i1~~: \ ~ .~. ,~':'. ~:J:UI ;;Ococ 0" - ~~6 .:.a~ ~--- -- ~-o f} ,-8 ~ r CIJ I - - fii:Ci')~ ~ f =>!f1 :: c, I ~" 5; a. {"~ CIJ .....1;(...:"1 1- -1--01 q~ ' I ~ ~ y~~ ii~~'~ = =. ,..~. . : ~;- I ~..... -' .p:-~IV l.J . u.. :;.;,;,:: ~ ~ I :r"S'J' "~i!l!. 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I" ' ." ,1\ I, I." ,..,)L!,_,",_____..J-,__( ..J .!l;;::I----lD-------=-~~ i, . . f/l r... ...... ~8 8 (" EZ;!i , ~, . ~'C! . 61, (ii!-! . . i:'Brr " 5-m O'CD ,3, ir ~. :: ~ 't ~, .-=='" (~'~Mm. 110T) ~ ~ \.0.' ~ TOWN & COUNTRY HOMES FLORIDA ",", ',,; T-59Z P.OOZ/OOZ F-608 ~Y-17-Z005 09:Z0A~ FROM- 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. -..,", "'~ , """" 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 "" ;" .~,,"'" 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 -"","" 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 " .....,""